Jharkhand Judiciary Mock Test 8 — Questions & Solutions
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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the order for maintenance of wives, children and parents (corresponding to Section 125 of the old CrPC) is now provided under:
aSection 125
bSection 173
cSection 187
dSection 144
Answer: D
Section 144 BNSS empowers a Magistrate to order maintenance for a wife, child or parent unable to maintain themselves; it corresponds to the erstwhile Section 125 CrPC.
Under Section 184 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the registered medical practitioner to whom a victim of rape is sent must forward the report of the medical examination to the investigating officer within:
atwenty-four hours from receipt of information about the offence
bfifteen days
cseven days
dforty-eight hours
Answer: A
Section 184 BNSS mandates that the medical examination of a rape victim be conducted and the report forwarded within seven days; the victim is to be sent for examination within 24 hours of receipt of information of the offence.
Under Section 250 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an accused in a case triable by the Court of Session may prefer an application for discharge within a period of:
asixty days from the date of commitment of the case
bseven days from commitment
cninety days from commitment
dthirty days from commitment
Answer: A
Section 250 BNSS introduces a fixed timeline, requiring the accused to file the discharge application within 60 days from the date of commitment of the case under Section 232.
Under Section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a 'warrant case' means a case relating to an offence punishable with:
aimprisonment for a term not exceeding two years
bimprisonment for a term exceeding one year
cdeath, imprisonment for life, or imprisonment for a term exceeding two years
dfine only
Answer: C
Section 2 BNSS retains the old definition: a warrant case relates to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years; all other cases are summons cases.
Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding:
aone year, or fine up to ten thousand rupees
bseven years, or fine up to one lakh rupees
cthree years, or fine up to fifty thousand rupees, or both, or community service
dfive years, or fine up to twenty-five thousand rupees
Answer: C
Section 23 BNSS empowers a Magistrate of the first class to pass imprisonment up to 3 years or fine up to fifty thousand rupees or both, and also expressly recognises community service as a sentence.
Section 398 of the Bharatiya Nagarik Suraksha Sanhita, 2023 casts an obligation on which authority to prepare and notify a Witness Protection Scheme?
aThe Central Government alone
bThe National Human Rights Commission
cEvery State Government
dThe Supreme Court
Answer: C
Section 398 BNSS is a new provision making it mandatory for every State Government to prepare and notify a Witness Protection Scheme for the protection of witnesses.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a person arrested without warrant shall not be detained in custody by the police for a period exceeding which limit, exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court, in the absence of a special order under Section 187?
aTwelve hours
bSeventy-two hours
cTwenty-four hours
dForty-eight hours
Answer: C
Section 58 of the BNSS, 2023 (corresponding to Section 57 of the old CrPC) bars police detention of an arrested person beyond twenty-four hours without a Magistrate's order under Section 187, reflecting the constitutional safeguard in Article 22(2).
Which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 now expressly recognises the registration of a 'Zero FIR', obliging an officer in charge to register information of a cognizable offence irrespective of the area where it was committed?
aSection 161
bSection 190
cSection 154
dSection 173
Answer: D
Section 173 of the BNSS, 2023 (replacing Section 154 CrPC) mandates registration of an FIR for a cognizable offence regardless of jurisdiction, statutorily codifying the Zero FIR concept.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the total period of detention in custody otherwise than in police custody may extend up to ninety days where the investigation relates to an offence punishable with
aimprisonment for a term up to seven years
bfine only
cdeath, imprisonment for life, or imprisonment for a term of not less than ten years
dimprisonment for a term up to three years
Answer: C
Section 187(3) BNSS retains the 90-day default-bail window for offences punishable with death, life imprisonment, or imprisonment of not less than ten years; for other offences the period is sixty days.
A first-class Judicial Magistrate seeks to remand an accused to police custody under Section 187 of the BNSS, 2023 for an offence punishable with less than ten years' imprisonment. The fifteen days of police custody may be sought, in whole or in parts, only during the initial part of which period?
aThe initial fifteen days out of sixty days
bThe initial sixty days out of the ninety-day period
cAnytime within the entire ninety-day period
dThe initial forty days out of the sixty-day period
Answer: D
Under Section 187 BNSS, the 15-day police custody may be availed in whole or in parts during the first forty days (offences below ten years) or first sixty days (graver offences), a change from the old CrPC scheme.
An application for grant of anticipatory bail, i.e. a direction for release on bail in the event of arrest on accusation of a non-bailable offence, lies under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 480
bSection 482
cSection 438
dSection 484
Answer: B
Section 482 BNSS, 2023 (corresponding to Section 438 CrPC) empowers the High Court or Court of Session to grant anticipatory bail in non-bailable offences.
The inherent powers of the High Court to make orders to prevent abuse of the process of any court or otherwise to secure the ends of justice are saved under which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 528
bSection 482
cSection 401
dSection 144
Answer: A
Section 528 BNSS, 2023 corresponds to Section 482 of the old CrPC and saves the inherent powers of the High Court; note that under the BNSS, Section 482 instead deals with anticipatory bail.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an order for monthly maintenance of a wife, child or parents unable to maintain themselves may be made by a Magistrate of the first class under
aSection 125
bSection 144
cSection 145
dSection 164
Answer: B
Section 144 BNSS, 2023 (replacing Section 125 CrPC) empowers a first-class Magistrate to order maintenance of wives, children and parents; under the BNSS, the old Section 144 'public nuisance/apprehended danger' power is now relocated.
A police officer records the statement of a witness during investigation under Section 180 of the BNSS, 2023. As to the legal status of such a statement, which of the following is correct?
aIt must be signed by the person making it
bIt shall not be signed by the person making it
cIt must be attested by a Magistrate
dIt must be recorded on oath
Answer: B
Section 181 BNSS, 2023 (corresponding to Section 162 CrPC) provides that a statement recorded by police under Section 180 shall not be signed by the maker and is usable only to contradict the witness.
Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the process of conducting a search and seizure, including preparation and signing of the list of things seized, shall be
arecorded through audio-video electronic means, preferably a mobile phone
bvalid only if two gazetted officers attest the list
cconducted only in the presence of a Magistrate
dcarried out exclusively during daylight hours
Answer: A
Section 105 BNSS, 2023 newly mandates audio-video recording (preferably by mobile phone) of search and seizure, with the recording forwarded to the Magistrate, to enhance transparency.
The Bharatiya Nagarik Suraksha Sanhita, 2023 introduces, for the first time, a procedure for inquiry, trial or judgment in absentia of a proclaimed offender who has absconded to evade trial. This is provided under
aSection 356
bSection 339
cSection 299
dSection 360
Answer: A
Section 356 BNSS, 2023 is a new provision allowing trial in absentia of a proclaimed offender; the trial cannot commence until ninety days after framing of charge.
Where the investigation relates to an offence of rape (under Sections 64 to 71 of the Bharatiya Nyaya Sanhita, 2023), Section 193 of the BNSS, 2023 requires that the investigation be completed within
aone month from the date of recording of information
btwo months from the date of recording of information
cfifteen days from the date of recording of information
dninety days from the date of recording of information
Answer: B
Section 193 BNSS, 2023 mandates completion of investigation within two months from recording of information in specified sexual offences against women and children.
The inherent powers of a civil court, preserved by Section 151 CPC, may be exercised to make such orders as may be necessary
afor the ends of justice only
bto prevent abuse of the process of the court only
cto override an express provision of the Code
dfor the ends of justice or to prevent abuse of the process of the court
Answer: D
Section 151 CPC saves 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. Such power cannot be exercised in conflict with express provisions of the Code.
A plaint shall be rejected under Order 7 Rule 11 CPC in which one of the following situations?
aWhere the defendant raises a counter-claim
bWhere the plaintiff fails to appear on the first hearing
cWhere issues have not been framed
dWhere the suit appears from the statement in the plaint to be barred by any law
Answer: D
Order 7 Rule 11 CPC mandates rejection of a plaint, inter alia, where the suit appears from the statement in the plaint to be barred by any law (Rule 11(d)), besides non-disclosure of cause of action, undervaluation, and insufficient stamping not cured.
Attachment before judgment of the defendant's property is governed by which Order of the CPC?
aOrder 40
bOrder 21
cOrder 38
dOrder 39
Answer: C
Order 38 CPC deals with arrest and attachment before judgment; Rules 5 to 13 permit the court to direct a defendant to furnish security or, in default, to attach his property where he is about to dispose of or remove it to obstruct or delay execution.
Under Section 96(3) CPC, no appeal shall lie from a decree passed by the court
awith the consent of parties
bex parte
cafter remand
din a small cause suit
Answer: A
Section 96(3) CPC expressly bars an appeal from a decree passed by the court with the consent of parties (a consent decree). By contrast, an appeal does lie from an ex parte decree under Section 96(2).
Questions arising between parties to a suit relating to the execution, discharge or satisfaction of a decree are to be determined, under Section 47 CPC, by
athe High Court in revision
bthe court executing the decree
ca separate suit
dthe appellate court alone
Answer: B
Section 47 CPC provides that all questions arising between the parties to the suit (or their representatives) and relating to the execution, discharge or satisfaction of the decree shall be determined by the executing court and not by a separate suit.
Under Section 9 of the Code of Civil Procedure, 1908, the Courts shall have jurisdiction to try all suits of a civil nature except suits of which their cognizance is
aimpliedly barred only
beither expressly or impliedly barred
cbarred by a notification of the State Government
dexpressly barred only
Answer: B
Section 9 confers jurisdiction over all civil suits except those whose cognizance is either expressly or impliedly barred. Both modes of ouster are recognised.
The doctrine of res judicata, which bars the trial of a suit in which the matter directly and substantially in issue has been finally decided in a former suit between the same parties, is contained in
aSection 10 of CPC
bSection 13 of CPC
cSection 11 of CPC
dSection 12 of CPC
Answer: C
Section 11 enacts res judicata. Section 10 deals with stay of suit (res sub judice) and Section 13 with conclusiveness of foreign judgments.
Before instituting a suit against the Government, the notice required under Section 80 of the Code of Civil Procedure, 1908 must be given before the expiry of
aone month
bsixty days
ctwo months
dthree months
Answer: C
Section 80 requires a notice to be delivered and the suit to be instituted only after the expiry of two months from such notice to the Government or public officer.
Under Section 96(4) of the Code of Civil Procedure, 1908, no appeal shall lie, except on a question of law, from a decree in a suit cognizable by Courts of Small Causes where the amount or value of the subject-matter does not exceed
aten thousand rupees
bfive thousand rupees
cthree thousand rupees
dtwenty thousand rupees
Answer: A
Section 96(4) bars an appeal except on a question of law in small-cause-nature suits where the subject-matter does not exceed ten thousand rupees.
A second appeal to the High Court under Section 100 of the Code of Civil Procedure, 1908 lies only where the High Court is satisfied that the case involves
aa question of valuation of the suit property
ba substantial question of law
can error apparent on the face of the record
dany error of fact
Answer: B
After the 1976 amendment, a second appeal under Section 100 is maintainable only on a substantial question of law, which must be formulated by the High Court.
An application for revision to the High Court against an order of a subordinate court, on the ground that the court has exercised a jurisdiction not vested in it or failed to exercise jurisdiction so vested, is made under
aSection 115 of CPC
bSection 113 of CPC
cSection 114 of CPC
dSection 151 of CPC
Answer: A
Section 115 confers revisional jurisdiction on the High Court. Section 113 is reference, Section 114 is review, and Section 151 saves inherent powers.
Where a decree is varied or reversed in appeal, the provision under which the court may order restitution so as to place the parties in the position they would have occupied but for such decree is
aSection 148 of CPC
bSection 141 of CPC
cSection 151 of CPC
dSection 144 of CPC
Answer: D
Section 144 embodies the doctrine of restitution, requiring the court to restore the parties to their original position on reversal or variation of a decree.
The settlement of disputes outside the court through arbitration, conciliation, judicial settlement including Lok Adalat, or mediation is provided for under
aSection 100A of CPC
bSection 80 of CPC
cSection 96 of CPC
dSection 89 of CPC
Answer: D
Section 89 empowers the court, where it appears there exist elements of settlement, to refer the dispute to arbitration, conciliation, judicial settlement/Lok Adalat or mediation.
Under Order VIII Rule 1 of the Code of Civil Procedure, 1908, where the defendant fails to file the written statement within thirty days, the court may allow it to be filed on a later day, for reasons recorded in writing, but not later than
asixty days from the date of service of summons
bthirty days from the first hearing
cninety days from the date of service of summons
done hundred twenty days from the date of service of summons
Answer: C
Order VIII Rule 1 fixes the ordinary period at thirty days, extendable for recorded reasons up to ninety days from the date of service of summons.
The provision relating to amendment of pleadings, under which the court may at any stage allow either party to alter or amend his pleadings on just terms, is contained in
aOrder VI Rule 17 of CPC
bOrder I Rule 10 of CPC
cOrder VIII Rule 9 of CPC
dOrder VII Rule 11 of CPC
Answer: A
Order VI Rule 17 governs amendment of pleadings. Its proviso bars amendment after commencement of trial unless the matter could not have been raised earlier despite due diligence.
A plaint shall be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908 where
athe suit involves a substantial question of law
bthe plaintiff is an indigent person
cthe defendant fails to appear on the first hearing
dthe suit appears from the statement in the plaint to be barred by any law
Answer: D
Among the grounds in Order VII Rule 11 is that the suit appears, from the statement in the plaint, to be barred by any law; other grounds include no cause of action and undervaluation.
A threatens to publish a false defamatory statement against Z unless Z gives him money, intending to cause alarm to Z. Independent of any extortion, the threat itself amounts to which offence under the Bharatiya Nyaya Sanhita, 2023?
aDefamation under Section 356
bCriminal intimidation under Section 351
cPublic mischief under Section 353
dInsult under Section 352
Answer: B
Threatening another with injury to his reputation with intent to cause alarm or to compel him to do an act amounts to criminal intimidation under Section 351 BNS (formerly Section 503/506 IPC). Defamation under Section 356 concerns the publication of imputations harming reputation.
A undertakes a hunger strike to death inside the District Collectorate with the intention of compelling the Collector to grant his demand and thereby restrain him from discharging his official duty, but is rescued before death. A has committed which offence under the Bharatiya Nyaya Sanhita, 2023?
aAttempt to commit suicide to compel exercise of lawful power under Section 226
bCriminal intimidation under Section 351
cObstructing a public servant under Section 221
dNo offence, since attempt to commit suicide is decriminalised
Answer: A
Section 226 BNS is a wholly new provision punishing an attempt to commit suicide with intent to compel or restrain a public servant from discharging his official duty. General attempt to suicide finds no separate penal provision in the BNS.
Under the general exceptions of the Bharatiya Nyaya Sanhita, 2023, the right of private defence of the body extends to the voluntary causing of death where the assault reasonably causes the apprehension that—
agrievous hurt will otherwise be the consequence of such assault
bloss of property will otherwise result
cwrongful restraint will otherwise result
dsimple hurt will otherwise be the consequence
Answer: A
Under Section 38 BNS (corresponding to Section 100 IPC), the right of private defence of the body extends to causing death where the assault may reasonably cause apprehension of death or of grievous hurt, among other enumerated situations. The provisions on things done in private defence begin at Section 34 BNS.
Culpable homicide not amounting to murder is punishable under the Bharatiya Nyaya Sanhita, 2023 by
aSection 103
bSection 106
cSection 105
dSection 100
Answer: C
Section 100 BNS defines culpable homicide and Section 101 defines murder; the punishment for culpable homicide not amounting to murder is laid down in Section 105 BNS (formerly Section 304 IPC). Section 103 is the punishment for murder.
A induces Z, by dishonest concealment of the fact that he has no money, to deliver goods on credit which A never intends to pay for. The dishonest inducement causing Z to part with property amounts to which offence under the Bharatiya Nyaya Sanhita, 2023?
aTheft under Section 303
bCriminal breach of trust under Section 316
cRobbery under Section 309
dCheating under Section 318
Answer: D
Cheating under Section 318 BNS (formerly Section 415/420 IPC) is constituted by fraudulent or dishonest inducement, by deception, causing a person to deliver property. Dishonest intention existing at the time of inducement distinguishes it from a mere breach of contract.
Under the Bharatiya Nyaya Sanhita, 2023, which Section provides the punishment for murder?
aSection 103
bSection 302
cSection 101
dSection 300
Answer: A
Section 101 BNS defines when culpable homicide is murder, while Section 103 BNS prescribes the punishment for murder (death or imprisonment for life, and fine). It replaces Section 302 IPC.
A takes B, a boy aged 17 years, out of the keeping of B's father without the father's consent. Under the Bharatiya Nyaya Sanhita, 2023, A has committed kidnapping from lawful guardianship because, unlike the earlier Penal Code, the age of the child for this offence is fixed at
abelow eighteen years irrespective of whether the child is male or female
bbelow sixteen years for a male and below eighteen years for a female
cbelow sixteen years irrespective of sex
dbelow twenty-one years for both male and female
Answer: A
Section 137(1)(b) BNS fixes a uniform age of below eighteen years for any child, removing the old IPC distinction of sixteen years for boys and eighteen years for girls under Section 361 IPC.
When five or more persons conjointly commit or attempt to commit a robbery, the offence committed under the Bharatiya Nyaya Sanhita, 2023 is
aextortion under Section 308
brobbery under Section 309
csnatching under Section 304
ddacoity under Section 310
Answer: D
Section 310 BNS defines dacoity, which (like Section 391 IPC) requires that the total number of persons conjointly committing or attempting the robbery, including those aiding, be five or more.
Which of the following is a newly created standalone offence under the Bharatiya Nyaya Sanhita, 2023 that had no separate provision in the Indian Penal Code, 1860?
aTheft under Section 303
bExtortion under Section 308
cSnatching under Section 304
dRobbery under Section 309
Answer: C
Section 304 BNS introduces 'snatching' as a distinct offence (punishable with imprisonment up to three years and fine); the IPC had no separate section for snatching and treated such acts as theft or robbery.
Which one of the following has been introduced as a new kind of punishment in the list of punishments under the Bharatiya Nyaya Sanhita, 2023?
aSolitary confinement
bCommunity service
cForfeiture of property
dTransportation for life
Answer: B
Section 4 BNS lists the kinds of punishments and newly adds 'community service' (clause (f)), which did not exist as a substantive punishment under Section 53 IPC.
The expression "sedition" of the Indian Penal Code has no exact counterpart in the Bharatiya Nyaya Sanhita, 2023; the offence of acts endangering the sovereignty, unity and integrity of India is now dealt with under
aSection 150
bSection 124A
cSection 152
dSection 197
Answer: C
Section 152 BNS penalises acts endangering the sovereignty, unity and integrity of India and replaces the old offence of sedition under Section 124A IPC, with a saving for lawful disapprobation of Government measures.
Under the Bharatiya Nyaya Sanhita, 2023, the right of private defence of the body extends to voluntarily causing death of the assailant in which of the following situations?
aAn assault causing reasonable apprehension of simple hurt
bAn assault with intention of committing theft
cAn assault amounting to wrongful restraint only
dAn act of throwing or administering acid causing reasonable apprehension that grievous hurt will otherwise be the consequence
Answer: D
Section 38 BNS lists situations in which the right of private defence extends to causing death, including an act of throwing or administering acid that causes a reasonable apprehension of grievous hurt.
A, intending to cause B to part with his property, intentionally puts B in fear of injury and thereby dishonestly induces B to deliver his gold chain. Under the Bharatiya Nyaya Sanhita, 2023, A has committed
acriminal breach of trust under Section 316
btheft under Section 303
ccheating under Section 318
dextortion under Section 308
Answer: D
Section 308 BNS defines extortion: intentionally putting a person in fear of injury and thereby dishonestly inducing delivery of property. It corresponds to Section 383 IPC.
A agrees to pay B Rs. 10,000 if B's house is burnt. This is
aa contingent contract
ba wagering agreement and void
can agreement to do an impossible act
dvoid for want of consideration
Answer: A
This is a contingent contract under Section 31, as performance depends on a collateral uncertain event (the house being burnt) which is not within the control of the parties, distinguishing it from a wager.
A contracts to take in cargo for B at a foreign port. A's Government afterwards declares war against the country in which the port is situated. The contract
abecomes void when the war is declared
bis voidable at the option of A
cremains valid and must be performed after the war
dis void ab initio
Answer: A
Under the doctrine of supervening impossibility in Section 56, a contract to do an act which after the contract is made becomes unlawful by an event the promisor could not prevent becomes void when the act becomes unlawful.
The rule in Hadley v. Baxendale, embodied in Section 73 of the Indian Contract Act, relates to
athe measure of compensation for loss caused by breach of contract
bthe requirement of registration of agreements
cthe doctrine of frustration of contracts
dthe revocation of a proposal
Answer: A
Hadley v. Baxendale lays down that damages recoverable are those arising naturally from the breach or such as both parties knew were likely to result; this is reflected in Section 73 dealing with compensation for loss caused by breach.
Under Section 56, special damages (loss arising from special circumstances) for breach of contract are recoverable
ain all cases of breach automatically
bonly where the breach was fraudulent
conly where notice of the likelihood of such special loss was given to the other party
donly if the contract is in writing and registered
Answer: C
Under Section 73, special or remote damages are recoverable only when the special circumstances giving rise to the loss were within the knowledge of, or notified to, the party in breach.
Match the following cases with the principles they illustrate: (1) Carlill v. Carbolic Smoke Ball Co. (2) Harvey v. Facey (3) Tinn v. Hoffmann.
a(1) mere quotation of price (2) cross-offers (3) offer at large
b(1) cross-offers (2) offer at large (3) invitation to treat
c(1) invitation to treat (2) cross-offers (3) offer at large
d(1) offer to the world at large (2) mere quotation of price, not an offer (3) cross-offers do not constitute a contract
Answer: D
Carlill recognised a general offer to the world at large, Harvey v. Facey held that a mere statement of lowest price is not an offer, and Tinn v. Hoffmann held that identical cross-offers do not create a contract.
Every agreement by which any party is restricted absolutely from enforcing his rights under a contract through the ordinary tribunals is
avoid to that extent
bvalid
cvalid only if reduced to writing
dvoidable
Answer: A
Section 28 renders void to that extent any agreement that absolutely restricts a party from enforcing his contractual rights by the usual legal proceedings, subject to the saving for arbitration.
A contract of pledge as defined in Section 172 of the Indian Contract Act is a species of
aguarantee
bindemnity
cbailment
dagency
Answer: C
Section 172 defines pledge as the bailment of goods as security for payment of a debt or performance of a promise; pledge is therefore a special kind of bailment.
A agrees to sell to B 'my white horse for rupees five hundred or rupees one thousand.' Such an agreement is
avoidable at the option of A
bvalid, B may pay either sum
cvoid because there is nothing to show which of the two prices was to be given
dvalid, the lower price prevails
Answer: C
This is the illustration to Section 29; the agreement is void for uncertainty because there is nothing to indicate which of the two prices the parties intended.
Under the Indian Contract Act, 1872, the communication of an acceptance as against the acceptor is complete
awhen the proposal first comes to the knowledge of the acceptor
bwhen it comes to the knowledge of the proposer
cwhen the acceptor decides in his own mind to accept the proposal
dwhen it is put in a course of transmission to the proposer, so as to be out of the power of the acceptor
Answer: B
Under Section 4, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer; it is complete against the proposer when put in course of transmission.
A agrees to sell B 'a hundred tons of oil'. There is nothing whatever to show what kind of oil was intended. The agreement is
avalid and binding on both parties
bvoid for uncertainty under Section 29
ccontingent under Section 31
dvoidable at the option of B
Answer: B
Section 29 declares void agreements whose meaning is not certain or capable of being made certain; the unspecified kind of oil makes the agreement void for uncertainty.
Which of the following agreements without consideration is NOT saved as valid under Section 25 of the Indian Contract Act, 1872?
aA written and registered promise made on account of natural love and affection between parties standing in near relation
bA written, signed promise to pay a debt barred by the law of limitation
cA promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor
dAn oral promise to compensate a person who has already voluntarily done something for the promisor
Answer: D
Section 25 saves a promise to compensate for past voluntary services only where the agreement is in writing; an oral promise of that nature is not within the exception and remains void.
An agreement in restraint of trade is, to that extent, void under Section 27 of the Indian Contract Act, 1872. The exception expressly recognised in the section itself relates to
aagreements between members of a trade combination
bthe sale of the goodwill of a business
can outgoing partner agreeing not to carry on a similar business
dservice agreements restraining an employee during employment
Answer: B
The sole exception built into Section 27 protects a buyer of goodwill: the seller may agree not to carry on a similar business within reasonable local limits. The partnership exceptions appear in the Partnership Act, not Section 27.
An agreement by which a party is restricted absolutely from enforcing his rights under a contract by the usual legal proceedings, or which limits the time within which he may enforce them, is dealt with by
aSection 30
bSection 27
cSection 28
dSection 26
Answer: C
Section 28 renders void agreements in restraint of legal proceedings, including those that absolutely restrict enforcement of rights or curtail the limitation period.
A contracts to act at a theatre for six months in consideration of a sum paid in advance by B. On several occasions A absents himself, and B, in consequence, rescinds the contract. With respect to the amount paid in advance, the position under the Indian Contract Act, 1872 is that B
aneed not restore the advance and may also sue A for compensation for breach
bis entitled to retain the advance as it had become B's absolute property
cmust restore the advance to A as the contract was rescinded
dmay retain the advance only if A's absence was wilful
Answer: A
Where one party rescinds a voidable contract on account of the other's breach, Section 64 obliges restoration of benefits received, but here the rescinding party (B) is entitled to compensation under Section 75 for damage sustained through non-fulfilment of the contract.
A agrees to pay B a sum of money if B's house is burnt. This agreement is best described as
aan agreement by way of wager, and therefore void
ba contingent contract, valid under Section 31
ca quasi-contract under Section 68
dan agreement contingent on an impossible event, and therefore void
Answer: B
Under Section 31, a contingent contract is one to do or not to do something if a collateral event happens; the burning of B's house is such an uncertain collateral event, making it a valid contingent contract rather than a wager.
A contracts to sing for B at a concert for Rs. 1,000, paid in advance. A is too ill to sing. With respect to the advance, A is
anot bound to make compensation to B, and may retain the advance
bnot bound to make compensation to B for his failure to sing, but must refund the advance
cbound to make full compensation to B for the loss caused by his failure to sing
dliable only for special damages of which B had given notice
Answer: B
Under Section 56 the contract becomes void on supervening impossibility (illness preventing personal performance); A is excused from compensation for non-performance, but by Section 65, having received an advantage under a contract that becomes void, A must restore the advance.
A party calls its own witness who, contrary to expectation, gives evidence adverse to that party. Under Section 157 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the Court
amust immediately reject the testimony of such witness
bhas no power to allow leading questions to be put to such witness
cmay, in its discretion, permit the party calling the witness to put questions which might be put in cross-examination by the adverse party
dmust direct the witness to be prosecuted for perjury
Answer: C
Section 157 BSA empowers the Court, in its discretion, to permit the party calling a witness to put to him any questions which might be put in cross-examination by the adverse party, i.e. to treat the witness as hostile.
Under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession made by an accused person to a police officer:
aIs admissible only if made in the presence of a witness
bShall be proved against him if recorded in the case diary
cShall not be proved as against a person accused of any offence
dIs admissible if the accused was not in custody at the time
Answer: C
Section 23(1) BSA enacts an absolute bar: no confession made to a police officer shall be proved as against a person accused of any offence. It applies whether or not the accused was in custody.
A confession made by an accused while in the custody of a police officer is, under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), provable against him only if it is made:
aIn writing and signed by the accused
bIn the immediate presence of a Magistrate
cBefore two independent witnesses at the police station
dAfter the accused has been released on bail
Answer: B
Section 23(2) BSA bars proof of a confession made by an accused while in the custody of a police officer unless it is made in the immediate presence of a Magistrate.
Under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when a fact is discovered in consequence of information received from an accused in police custody, how much of such information may be proved?
aNone of the information, as it was made to a police officer
bOnly the part that amounts to a full confession of guilt
cThe whole of the information, whether or not it relates to the fact discovered
dSo much of the information as relates distinctly to the fact thereby discovered
Answer: D
The proviso to Section 23(2) BSA permits proof of so much of such information, whether or not it amounts to a confession, as relates distinctly to the fact thereby discovered. It is an exception to the custody-confession bar in Section 23(2).
A statement made by a person as to the cause of his death, or as to the circumstances of the transaction which resulted in his death, is relevant under Section 26 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA):
aWhether or not the maker was under expectation of death at the time
bOnly if the maker was under expectation of death when the statement was made
cOnly in proceedings where the maker is being tried for an offence
dOnly if the statement was reduced to writing and attested
Answer: A
Under Section 26(a) BSA such a statement is relevant whether or not the maker was, at the time it was made, under expectation of death. Unlike English law, expectation of death is not a condition.
When the Court has to form an opinion upon a point of foreign law, science or art, or as to identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant under the Bharatiya Sakshya Adhiniyam, 2023 (BSA):
aSection 55
bSection 62
cSection 26
dSection 39
Answer: D
Section 39 BSA makes relevant the opinions of experts on points of foreign law, science or art, and identity of handwriting or finger impressions. Such persons are called 'experts'.
Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) lays down the rule that:
aDocumentary evidence excludes oral evidence
bAll evidence must be on oath
cOral evidence must, in all cases whatever, be direct
dHearsay evidence is always admissible
Answer: C
Section 55 BSA enacts that oral evidence must, in all cases whatever, be direct — the witness must have seen, heard or perceived the fact himself. This excludes hearsay.
Where a document purporting or proved to be thirty years old is produced from proper custody, Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) allows the Court to presume that the signature and execution are genuine. The relevant period of thirty years is reckoned from:
aThe date of the cause of action
bThe date the document was registered
cThe date the document is produced in court
dThe date the document was executed
Answer: C
For Section 92 BSA, the age of the document is computed up to the date on which it is produced/tendered in evidence in court, not the date of suit or cause of action.
In a suit, 'whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist.' This rule of burden of proof is contained in the Bharatiya Sakshya Adhiniyam, 2023 (BSA) in:
aSection 104
bSection 106
cSection 119
dSection 109
Answer: A
Section 104 BSA lays down the general rule of burden of proof — he who asserts a fact on which his right or liability depends must prove its existence.
When a person accused of an offence pleads a General Exception under the Bharatiya Nyaya Sanhita, 2023 (such as private defence or insanity), Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides that:
aThe Court must presume the existence of the exception
bNo burden lies on anyone until the trial is concluded
cThe burden of proving the circumstances of the exception is upon the accused, and the Court shall presume their absence
dThe prosecution must disprove the exception beyond reasonable doubt
Answer: C
Section 108 BSA places on the accused the burden of proving the existence of circumstances bringing his case within a General or special exception, and directs the Court to presume their absence.
Under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the fact that a person was born during the continuance of a valid marriage between his mother and any man (or within two hundred and eighty days after its dissolution, the mother remaining unmarried) is conclusive proof of legitimacy unless it is shown that:
aThe child does not resemble the husband
bThe parties to the marriage had no access to each other at any time when the child could have been begotten
cThe husband was absent from the matrimonial home for over six months
dA DNA test excludes the husband as the biological father
Answer: B
Section 116 of the BSA raises a conclusive presumption of legitimacy for a child born during a valid marriage, rebuttable only by proof of non-access between the spouses at any time when the child could have been begotten.
Under Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), in a prosecution for rape under the specified clauses of section 64(2) of the Bharatiya Nyaya Sanhita, 2023, where sexual intercourse is proved and the woman states in evidence that she did not consent, the Court:
aShall draw no presumption either way
bShall conclusively presume consent
cMay presume that she consented
dShall presume that she did not consent
Answer: D
Section 120 of the BSA directs that the Court 'shall presume' the absence of consent once intercourse is proved and the prosecutrix states in evidence that she did not consent; it is a rebuttable presumption of law.
Which of the following statements regarding an accomplice under Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is correct?
aAn accomplice is a competent witness against an accused person, and a conviction proceeding upon his corroborated testimony is not illegal
bAn accomplice may testify but his evidence is to be wholly disregarded by the Court
cAn accomplice is not a competent witness against an accused
dAn accomplice can testify only after he is pardoned by the President
Answer: A
Section 138 of the BSA, as enacted, makes an accomplice a competent witness against an accused person and provides that a conviction is not illegal if it proceeds upon his corroborated testimony; this is reinforced by Illustration (b) to Section 119 BSA, which treats accomplice evidence as unworthy of credit unless corroborated in material particulars.
Under Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the examination of a witness by the party who calls him is called:
aCross-examination
bLeading examination
cRe-examination
dExamination-in-chief
Answer: D
Section 142 of the BSA defines examination-in-chief as the examination of a witness by the party who calls him; examination by the adverse party is cross-examination; and subsequent examination by the calling party is re-examination.
Under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession made by an accused is irrelevant if it appears to have been caused by inducement, threat, coercion or promise, provided such inducement, threat, coercion or promise:
aIs made after the accused is convicted
bRelates only to the conduct of the trial
cHas reference to the charge against the accused and proceeds from a person in authority
dProceeds from any private individual
Answer: C
Section 22 of the BSA renders a confession irrelevant where it appears to have been caused by an inducement, threat, coercion or promise that has reference to the charge against the accused and proceeds from a person in authority, giving the accused reasonable grounds to suppose he would gain an advantage or avoid an evil of a temporal nature in reference to the proceedings against him.
Fill in the blank with the correct form: 'Hardly had he entered the courtroom ___ the proceedings began.'
athat
bwhen
cthan
dthen
Answer: B
The correlative construction is 'Hardly ... when' (and 'No sooner ... than'); since the sentence begins with 'Hardly', it must be completed with 'when'.
In November 2025, the nation marked the 150th birth anniversary of which leader associated with Jharkhand's tribal movement?
aTelanga Kharia
bBirsa Munda
cSidho Murmu
dJaipal Singh Munda
Answer: B
Birsa Munda was born on 15 November 1875; therefore 15 November 2025 marked his 150th birth anniversary, celebrated alongside Jharkhand's 25th Foundation Day.
The High Court of Jharkhand has its seat at which city?
aHazaribagh
bDhanbad
cRanchi
dJamshedpur
Answer: C
The Jharkhand High Court, established on 15 November 2000 under the Bihar Reorganisation Act, 2000, is seated at Ranchi; since 2023 it functions from the Dhurwa complex.
President Droupadi Murmu, before becoming President of India in 2022, served as the Governor of which state?
aBihar
bOdisha
cChhattisgarh
dJharkhand
Answer: D
Droupadi Murmu served as Governor of Jharkhand from 2015 to 2021, becoming the first woman tribal Governor of a state, before being elected the 15th President of India in 2022.
Which Article of the Constitution of India guarantees the Right to Constitutional Remedies, described by Dr. B. R. Ambedkar as the 'heart and soul' of the Constitution?
aArticle 21
bArticle 32
cArticle 14
dArticle 19
Answer: B
Article 32 confers the right to move the Supreme Court for enforcement of Fundamental Rights; Dr. Ambedkar called it the heart and soul of the Constitution.
The Fifth Schedule of the Constitution of India, which applies to several districts of Jharkhand, deals with the administration of:
aLanguages of the Eighth Schedule
bScheduled Areas and Scheduled Tribes
cDistribution of revenues between Union and States
dAnti-defection provisions
Answer: B
The Fifth Schedule provides for the administration and control of Scheduled Areas and Scheduled Tribes in states other than the North-Eastern states covered by the Sixth Schedule.
National Constitution Day (Samvidhan Divas), also called 'Law Day', is observed in India on:
a26th November
b15th August
c2nd October
d26th January
Answer: A
Constitution Day is observed on 26 November, the date the Constituent Assembly adopted the Constitution of India in 1949; it came into force on 26 January 1950.
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