Jharkhand Judiciary Mock Test 9 — Questions & Solutions
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Under Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where an offence is punishable with imprisonment for less than three years and the person to be arrested is infirm or above sixty years of age, the arrest shall be made only with the prior permission of an officer not below the rank of
aDeputy Superintendent of Police
bInspector of Police
cSuperintendent of Police
dSub-Inspector of Police
Answer: A
Section 35(7) BNSS, 2023 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 in such cases.
A proclamation requiring a person against whom a warrant has been issued, and who is absconding, to appear, may be published by the Court under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 96
bSection 105
cSection 84
dSection 82
Answer: C
Section 84 BNSS, 2023 (corresponding to Section 82 CrPC) provides for proclamation for a person absconding to evade a warrant; Section 84(4) additionally permits declaration as a proclaimed offender for grave offences.
Among the punishments that a court may impose, the Bharatiya Nagarik Suraksha Sanhita, 2023 enables a Magistrate to sentence a convict to 'community service'. The expression 'community service' as a form of punishment is defined in
athe Explanation to Section 23 of the BNSS, 2023
bSection 53 of the BNSS, 2023
cSection 4 of the Bharatiya Nyaya Sanhita, 2023 only
dSection 144 of the BNSS, 2023
Answer: A
The Explanation to Section 23 of the BNSS, 2023 defines community service as work a court may order a convict to perform for the community's benefit, without remuneration.
A confession or statement made in the course of investigation may be recorded by a Magistrate under which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023, it being settled that a police officer, even if conferred powers of a Magistrate, cannot record such a confession?
aSection 161
bSection 164
cSection 180
dSection 183
Answer: D
Section 183 BNSS, 2023 (corresponding to Section 164 CrPC) empowers a Magistrate to record confessions and statements after ensuring voluntariness; a police officer vested with Magistrate's powers cannot do so.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an application for anticipatory bail by a person apprehending arrest on accusation of a non-bailable offence lies under which section?
aSection 480
bSection 438
cSection 439
dSection 482
Answer: D
Anticipatory bail, earlier governed by Section 438 CrPC, is now provided under Section 482 of the BNSS, 2023, empowering the High Court or Court of Session to grant pre-arrest bail in non-bailable cases.
Under the BNSS, 2023, the registration of a First Information Report in a cognizable case, including the statutory recognition of a 'Zero FIR' irrespective of the area where the offence is committed, is contained in:
aSection 173
bSection 175
cSection 154
dSection 190
Answer: A
Section 173 BNSS governs information in cognizable cases (FIR) and, for the first time, statutorily codifies the Zero FIR by using the words 'irrespective of the area where the offence is committed'.
An order for maintenance of wives, children and parents who are unable to maintain themselves is passed by a Judicial Magistrate of the first class under which section of the BNSS, 2023?
aSection 146
bSection 145
cSection 144
dSection 125
Answer: C
The maintenance provision corresponding to the old Section 125 CrPC is now Section 144 BNSS, under which a Magistrate of the first class may order maintenance for wives, children and parents.
Under the BNSS, 2023, where the investigation cannot be completed within the prescribed period, the maximum period of detention beyond which an accused acquires an indefeasible right to default bail, for an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years, is:
a60 days
b90 days
c120 days
d180 days
Answer: B
Under Section 187 BNSS, the period is ninety days for offences punishable with death, life imprisonment or imprisonment of not less than ten years, and sixty days for other offences; on expiry the accused is entitled to default bail.
Under Section 23 of the BNSS, 2023, a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding:
aFive years
bThree years
cSeven years
dTwo years
Answer: B
Section 23 BNSS empowers a Magistrate of the first class to pass a sentence of imprisonment not exceeding three years, or fine up to fifty thousand rupees, or both, or community service.
A confession or statement made in the course of an investigation under the BNSS, 2023 may be recorded by a Magistrate under which section?
aSection 180
bSection 161
cSection 164
dSection 183
Answer: D
Section 183 BNSS (replacing Section 164 CrPC) empowers a Magistrate to record confessions and statements during investigation, and such recording may be done through audio-video electronic means.
Under the BNSS, 2023, the maximum total period for which a police officer may seek police custody of an accused person, in parts or in whole, during detention authorised under Section 187 is:
a24 hours
b15 days
c14 days
d7 days
Answer: B
Police custody under Section 187 BNSS cannot exceed fifteen days in total; the BNSS, however, permits this fifteen-day police custody to be sought in parts during the initial sixty/forty days of the detention period.
Under the BNSS, 2023, the procedure for trial in absentia of a proclaimed offender who has absconded to evade trial, where the court proceeds after recording reasons, is contained in:
aSection 356
bSection 355
cSection 299
dSection 339
Answer: A
Section 356 BNSS is a new provision permitting trial in absentia of a proclaimed offender who has absconded; the court may proceed and pronounce judgment after the safeguards prescribed are satisfied.
Under Section 35 of the BNSS, 2023, a police officer may, without an order from a Magistrate and without a warrant, arrest a person who:
acommits a cognizable offence in his presence
bhas committed a non-cognizable offence in his presence
cis a witness in a pending trial
dis merely suspected of any offence by an informant
Answer: A
Section 35 BNSS (corresponding to Section 41 CrPC) authorises arrest without warrant of, inter alia, a person who commits a cognizable offence in the presence of a police officer.
Under the BNSS, 2023, the maximum period set down for furnishing security for keeping the peace on conviction, where security is required, is governed by the provisions on security; the corresponding new code retains the position that an absconder avoiding execution of a warrant may be declared by publishing a written proclamation under which section?
aSection 83
bSection 84
cSection 85
dSection 82
Answer: B
Section 84 BNSS (corresponding to Section 82 CrPC) empowers a court to publish a written proclamation requiring a person against whom a warrant has been issued, and who is absconding, to appear.
Under the BNSS, 2023, the entire process of search and seizure, including the preparation of the list of seized things and signing by witnesses, is mandatorily required to be recorded through audio-video electronic means under:
aSection 103
bSection 105
cSection 165
dSection 100
Answer: B
Section 105 BNSS is a new provision mandating audio-video electronic recording of search and seizure, with the recording to be forwarded without delay to the Magistrate.
Under Section 479 of the BNSS, 2023, an undertrial prisoner (not a first-time offender and not charged with an offence punishable with death or life imprisonment) shall ordinarily be released on bail by the court once he has undergone detention for a period extending up to:
athe full maximum period of imprisonment specified for the offence
bone-third of the maximum period of imprisonment specified for the offence
ctwo-thirds of the maximum period of imprisonment specified for the offence
done-half of the maximum period of imprisonment specified for the offence
Answer: D
Section 479 BNSS provides that an undertrial who has undergone detention up to one-half of the maximum sentence is to be released on bond; a first-time offender qualifies at one-third, and the section does not apply to death or life-imprisonment offences.
Under the BNSS, 2023, where a woman alleges rape or attempted rape, Section 184 requires that she be sent for medical examination by a registered medical practitioner within:
atwelve hours of receiving the information
bseven days of receiving the information
cforty-eight hours of receiving the information
dtwenty-four hours of receiving the information
Answer: D
Section 184 BNSS requires the medical examination of a rape victim within twenty-four hours of receipt of information, and the medical report is to be forwarded to the investigating officer within seven days.
Where a decree is passed ex parte against a defendant, an application to set aside such decree on the ground that summons was not duly served or he was prevented by sufficient cause from appearing lies under
aOrder XXII Rule 4 of CPC
bOrder IX Rule 7 of CPC
cOrder IX Rule 13 of CPC
dOrder IX Rule 9 of CPC
Answer: C
Order IX Rule 13 enables a defendant against whom an ex parte decree is passed to apply for setting it aside on proof of non-service or sufficient cause for non-appearance.
In execution of a decree (other than a decree for maintenance) by attachment of salary, Section 60 of the Code of Civil Procedure, 1908 exempts from attachment
atwo-thirds of the entire salary
bthe first four hundred rupees only
cthe first one thousand rupees and two-thirds of the remainder
done-third of the entire salary
Answer: C
Under Section 60(1) proviso (i), salary is attachable only to the extent of so much as exceeds the first one thousand rupees plus two-thirds of the remainder; that protected portion is exempt.
Where a party against whom a decree for an injunction has been passed wilfully disobeys it, the period for which he may be detained in civil prison under Order XXI Rule 32 of the Code of Civil Procedure, 1908 shall not exceed
aone year
bsix months
cone month
dthree months
Answer: D
Order XXI Rule 32 permits enforcement of a decree for injunction by detention in civil prison, but such detention shall not exceed three months.
The summary procedure for suits upon bills of exchange, hundis and promissory notes, in which the defendant must obtain leave to defend, is laid down in
aOrder XXXIII of CPC
bOrder XXXVI of CPC
cOrder XXXVIII of CPC
dOrder XXXVII of CPC
Answer: D
Order XXXVII provides the summary procedure for suits on negotiable instruments and certain liquidated demands; Order XXXIII relates to suits by indigent persons.
Under the Code of Civil Procedure, 1908, the courts have jurisdiction to try all suits of a civil nature except those of which cognizance is expressly or impliedly barred. This rule is contained in
aSection 9
bSection 11
cSection 20
dSection 15
Answer: A
Section 9 CPC provides that civil courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.
The doctrine of res judicata, which bars the trial of a suit or issue already finally decided between the same parties by a competent court, is embodied in
aSection 12
bSection 10
cSection 11
dSection 13
Answer: C
Section 11 CPC enacts the principle of res judicata; Section 10 deals with the stay of suit (res sub judice).
Which of the following provisions of the Code of Civil Procedure, 1908 empowers a civil court to refer a dispute, where it appears that elements of a settlement exist, to arbitration, conciliation, judicial settlement including Lok Adalat, or mediation?
aSection 89
bSection 80
cSection 96
dSection 94
Answer: A
Section 89 CPC empowers the court, where it appears that there exist elements of a settlement acceptable to the parties, to refer the matter for arbitration, conciliation, judicial settlement including Lok Adalat, or mediation.
A files a suit against the State of Jharkhand for a relief in respect of an act done by a public officer in his official capacity. As a general rule, before instituting the suit, A must serve a notice on the Government and the period that must expire after delivery of such notice is
athree months
btwo months
csix months
done month
Answer: B
Section 80 CPC requires that no suit be instituted against the Government or a public officer in respect of an act purporting to be done in official capacity until the expiration of two months after delivery of notice in writing.
Where a decree is reversed or varied in appeal, the court may, on application, place the parties in the position they would have occupied but for the decree. This relief of restitution is provided under
aSection 151
bSection 144
cSection 141
dSection 148
Answer: B
Section 144 CPC deals with restitution; on the reversal or variation of a decree, the court may cause such restitution as will place the parties in the position they would have occupied but for the decree.
The inherent powers of a civil court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court are saved by
aSection 149
bSection 151
cSection 153
dSection 148
Answer: B
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.
A decree is passed ex parte against the defendant who was not duly served with summons. The proper remedy of the defendant to have the ex parte decree set aside by the court that passed it lies under
aOrder VIII, Rule 10
bOrder XXIII, Rule 1
cOrder IX, Rule 9
dOrder IX, Rule 13
Answer: D
Order IX, Rule 13 CPC allows a defendant to apply to set aside an ex parte decree on proof that summons was not duly served or that he was prevented by sufficient cause from appearing.
The defendant is required to present his written statement of defence within thirty days from the date of service of summons; however, for reasons recorded in writing the court may allow it to be filed on a later day, which shall not be later than
a120 days from the date of service of summons
b60 days from the date of service of summons
csix months from the date of service of summons
d90 days from the date of service of summons
Answer: D
The proviso to Order VIII, Rule 1 CPC provides that where the defendant fails to file the written statement within thirty days, the court may allow it on a later day, not later than ninety days from the date of service of summons.
Where any property in dispute in a suit is in danger of being wasted, damaged or wrongfully alienated, the court may grant a temporary injunction. This power is exercised under
aOrder XXXVII, Rule 2
bOrder XL, Rule 1
cOrder XXXIX, Rules 1 and 2
dOrder XXXVIII, Rules 1 and 2
Answer: C
Order XXXIX, Rules 1 and 2 CPC empower the court to grant a temporary injunction, inter alia, where property in dispute is in danger of being wasted, damaged, or wrongfully alienated.
No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Courts of Small Causes, where the amount or value of the subject-matter of the original suit does not exceed
athree thousand rupees
bten thousand rupees
cfive thousand rupees
dtwenty thousand rupees
Answer: B
Section 96(4) CPC bars appeals, except on a question of law, from decrees in suits cognizable by Courts of Small Causes where the value of the subject-matter does not exceed ten thousand rupees.
The general power of a High Court or District Court to transfer or withdraw any suit, appeal or other proceeding pending before a subordinate court and to dispose of it or transfer it for trial to another competent court is contained in
aSection 24
bSection 23
cSection 22
dSection 25
Answer: A
Section 24 CPC confers the general power of transfer and withdrawal of suits, appeals and other proceedings on the High Court and the District Court; Section 25 deals with the Supreme Court's power of inter-State transfer.
Under the Bharatiya Nyaya Sanhita, 2023, the general punishment for criminal breach of trust may extend to
aten years
bfive years
cthree years
dseven years
Answer: B
Criminal breach of trust is defined in Section 316(1) BNS; the general punishment under Section 316(2) is imprisonment of either description which may extend to five years, or fine, or both. Enhanced terms apply to carriers, clerks and public servants.
Under the Bharatiya Nyaya Sanhita, 2023, criminal conspiracy is defined under
aSection 120A
bSection 120B
cSection 61
dSection 45
Answer: C
Section 61 BNS defines criminal conspiracy as an agreement between two or more persons to do an illegal act or a legal act by illegal means, replacing Sections 120A/120B IPC; abetment is separately defined under Section 45 BNS.
Under Section 2 of the Bharatiya Nyaya Sanhita, 2023, a person is said to do a thing "dishonestly" when he does it with the intention of causing
awrongful gain to one person or wrongful loss to another person
bdeception with intent to defraud
cany injury, whether to body, mind, reputation or property
dharm to the public or to the State
Answer: A
Section 2(7) BNS defines 'dishonestly' as doing an act with the intention of causing wrongful gain to one person or wrongful loss to another, mirroring Section 24 IPC; 'fraudulently' is separately defined in Section 2(9).
Under the Bharatiya Nyaya Sanhita, 2023, where a group of five or more persons acting in concert commits murder on the ground of caste, community, sex, language or personal belief, each member shall be punished with death or imprisonment for life or imprisonment for a term which shall not be less than
aseven years
bfive years
cthree years
dten years
Answer: A
The second part of Section 103 BNS specifically addresses mob lynching: a group of five or more persons committing murder on grounds such as caste, community, sex or language shall each be punished with death, life imprisonment, or imprisonment not less than seven years, and fine. This had no separate provision in the IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'snatching' — a newly carved-out aggravated form of theft — is defined and punished under which Section?
aSection 303
bSection 302
cSection 305
dSection 304
Answer: D
Section 304 BNS creates the distinct offence of snatching, defined as theft where the offender suddenly, quickly or forcibly seizes or grabs movable property from a person or his possession. Section 303 deals with theft generally.
A, B, C, D and E, acting in concert, beat Z to death solely because Z belongs to a particular community. Under the Bharatiya Nyaya Sanhita, 2023, this 'mob lynching' is specifically punishable under which provision?
aSection 101
bSection 103(2)
cSection 105
dSection 103(1)
Answer: B
Section 103(2) BNS provides that 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, personal belief or any other ground, each member is liable to death or life imprisonment or imprisonment not less than seven years.
Under the Bharatiya Nyaya Sanhita, 2023, the minimum number of persons who must conjointly commit or attempt to commit a robbery for the offence to amount to 'dacoity' under Section 310 is
athree or more
bfive or more
ctwo or more
dfour or more
Answer: B
Section 310 BNS retains the IPC threshold: dacoity is constituted only when five or more persons conjointly commit or attempt to commit a robbery (or are present and aiding such commission).
Z, with intent to commit theft, suddenly grabs a gold chain from M's neck while walking past her and runs away. Under the Bharatiya Nyaya Sanhita, 2023, Z has most appropriately committed the offence of
adacoity under Section 310
bsnatching under Section 304
cextortion under Section 308
drobbery under Section 309
Answer: B
A sudden or forcible seizure of movable property to commit theft, without voluntarily causing or threatening death, hurt or wrongful restraint, is snatching under Section 304 BNS. It becomes robbery (Section 309) only if such force/fear is voluntarily caused for that end.
Under the Bharatiya Nyaya Sanhita, 2023, the rule that 'when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act as if done by him alone' is contained in
aSection 34
bSection 3(4)
cSection 3(5)
dSection 190
Answer: C
The common intention principle (corresponding to old Section 34 IPC) is now found in Section 3(5) BNS, placed among the General Explanations rather than in the substantive offence chapter.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for causing death by a rash or negligent act not amounting to culpable homicide (Section 106) may, in the ordinary case, extend to imprisonment of
afive years
btwo years
cseven years
dthree years
Answer: A
Section 106(1) BNS enhanced the maximum term for causing death by negligence to five years (against two years under old Section 304A IPC); for a registered medical practitioner acting in the course of a medical procedure, the term may extend to two years.
A induces Z, by deceiving him, to deliver property to A, dishonestly. Under the Bharatiya Nyaya Sanhita, 2023, the offence of cheating is defined under
aSection 317
bSection 319
cSection 316
dSection 318
Answer: D
Cheating is defined in Section 318 BNS (corresponding to old Section 415 IPC). Section 316 deals with criminal breach of trust.
Under the Bharatiya Nyaya Sanhita, 2023, the definition of 'murder' and the definition of 'culpable homicide' are respectively contained in
aSection 101 and Section 100
bSection 103 and Section 101
cSection 300 and Section 299
dSection 99 and Section 98
Answer: A
In the enacted BNS, culpable homicide is defined in Section 100 and murder in Section 101; the punishment for murder is in Section 103 and for culpable homicide not amounting to murder in Section 105.
X, present before Z, threatens Z with instant death and thereby induces Z to hand over his wallet on the spot. Under the Bharatiya Nyaya Sanhita, 2023, X has committed the offence of
asnatching under Section 304
bextortion only, under Section 308
crobbery under Section 309
dcriminal intimidation under Section 351
Answer: C
Where the offender is present and, by putting the victim in fear of instant death, hurt or wrongful restraint, induces delivery of property then and there, the extortion is 'robbery' under Section 309 BNS.
Under the Bharatiya Nyaya Sanhita, 2023, which Section newly introduces 'organised crime' as a distinct substantive offence (covering syndicate activity such as kidnapping, extortion, contract killing and economic offences)?
aSection 109
bSection 310
cSection 113
dSection 111
Answer: D
Section 111 BNS introduces 'organised crime' as a new substantive offence for continuing unlawful activity by a crime syndicate; Section 112 deals with petty organised crime. These had no direct counterpart in the IPC.
Under the Bharatiya Nyaya Sanhita, 2023, voluntarily causing grievous hurt by use of acid (acid attack causing permanent damage or disfigurement) is punishable under
aSection 122
bSection 118
cSection 115
dSection 124
Answer: D
Section 124(1) BNS punishes voluntarily causing grievous hurt by use of acid (corresponding to old Section 326A IPC); Section 124(2) deals with attempt to throw acid.
A entrusts property to B, who dishonestly converts it to his own use in violation of the direction governing the trust. Under the Bharatiya Nyaya Sanhita, 2023, B has committed
acheating under Section 318
bdishonest misappropriation under Section 314
cextortion under Section 308
dcriminal breach of trust under Section 316
Answer: D
Dishonest misappropriation or conversion of property entrusted to a person, in violation of law or of the terms of the trust, is criminal breach of trust under Section 316 BNS (corresponding to old Section 405 IPC).
Special or remote damages, that is, compensation for loss which did not arise in the usual course of things from the breach, can be recovered under Section 73 of the Indian Contract Act, 1872 only when
athe parties knew, when they made the contract, that such loss was likely to result from its breach
bthe breach was committed wilfully or in bad faith
cthe aggrieved party took no steps to mitigate the loss
dthe loss exceeds the amount named in the contract as liquidated damages
Answer: A
Section 73 allows compensation for loss the parties knew, at the time of contracting, to be likely from the breach; this codifies the second limb of Hadley v. Baxendale relating to special damages.
A supplies necessaries suited to the condition in life of B, a minor, who is incapable of contracting. The Indian Contract Act, 1872 provides that A is entitled to be reimbursed
aby treating the minor's agreement as voidable at A's option
bby a personal decree against the minor enforceable on his attaining majority
conly if the minor's guardian had expressly authorised the supply
dfrom the personal estate of the minor, under Section 68
Answer: D
Section 68 creates a quasi-contractual obligation: the supplier of necessaries to a person incapable of contracting is entitled to reimbursement from the property of such incapable person, not by any personal liability of the minor.
In a 'contract of guarantee' as defined in Section 126 of the Indian Contract Act, 1872, the person to whom the guarantee is given is called the
aindemnifier
bprincipal debtor
csurety
dcreditor
Answer: D
Under Section 126, the person who gives the guarantee is the 'surety', the person in respect of whose default it is given is the 'principal debtor', and the person to whom the guarantee is given is the 'creditor'.
Where a surety stands as guarantor and the creditor, without the surety's consent, makes a contract with the principal debtor by which the principal debtor is released, the effect under the Indian Contract Act, 1872 is that
athe surety alone remains liable for the whole debt
bthe surety's liability is merely reduced pro rata
cthe surety is discharged
dthe contract of guarantee becomes voidable at the creditor's option
Answer: C
Section 134 provides that the surety is discharged by any contract between the creditor and the principal debtor by which the principal debtor is released, or by any act or omission of the creditor whose legal consequence is the discharge of the principal debtor.
Under Section 148 of the Indian Contract Act, 1872, the essential feature distinguishing a 'bailment' is that the goods are delivered by one person to another
afor some purpose, upon a contract that they shall be returned or otherwise disposed of according to the directions of the person delivering them
bwith the intention of transferring ownership for a price
cgratuitously and without any obligation to return them
dby way of security for the repayment of a debt or performance of a promise
Answer: A
Section 148 defines bailment as delivery of goods for a purpose upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the bailor's directions; there is no transfer of ownership.
As a general rule under Section 230 of the Indian Contract Act, 1872, an agent who makes a contract on behalf of his principal
acan neither personally enforce contracts entered into on behalf of the principal, nor is he personally bound by them, in the absence of a contrary contract
bis personally bound only where the principal is undisclosed
ccan personally enforce, and is personally bound by, every such contract
dis always personally liable but can never personally enforce such contracts
Answer: A
Section 230 lays down the general rule that, in the absence of a contract to the contrary, an agent cannot personally enforce contracts entered into on behalf of his principal, nor is he personally bound by them; the section then sets out presumed exceptions.
Under Section 2(d) of the Indian Contract Act, 1872, consideration may move from the promisee "or any other person". This statutory phrase indicates that the Act recognises consideration furnished by
athe promisor alone
ba stranger to the consideration but a party to the contract
conly the promisee personally
da stranger to the contract who may sue upon it
Answer: B
Section 2(d) permits consideration to move 'at the desire of the promisor' from the promisee or any other person, so a person who is a party to the contract may sue even though the consideration moved from a third party. India thus does not insist that consideration move from the promisee, unlike English law.
A, by a registered instrument, promises out of natural love and affection to pay his brother B a sum of Rs. 50,000 though B has given nothing in return. Under Section 25 of the Indian Contract Act, 1872, the agreement is
aa valid contract enforceable by B
bvoidable at the option of A
cvoid, as it is wholly without consideration
dvalid only if B furnishes fresh consideration
Answer: A
Section 25(1) saves an agreement made without consideration where it is in writing, registered, and made on account of natural love and affection between parties standing in near relation. A and B being brothers, the registered promise is a contract.
Which one of the following is NOT an essential of a 'contingent contract' as defined in Section 31 of the Indian Contract Act, 1872?
aThe performance depends on an uncertain future event
bThe event is collateral to the contract
cThe contracting party has full control over the happening of the event
dThe contract is to do or not to do something on the event happening or not happening
Answer: C
Section 31 requires that the event be collateral, uncertain and future; if its happening lies wholly within a party's control it is not a true contingency. The illustration 'A contracts to pay B Rs. 10,000 if B's house is burnt' shows the event must be independent of the parties' will.
A agrees with B to discover treasure by magic for a reward. Under the Indian Contract Act, 1872, the agreement is
avoidable at B's option
bmerely unenforceable but not void
cvalid if A is in fact able to find the treasure
dvoid, being an agreement to do an act impossible in itself
Answer: D
Section 56, first paragraph, provides that an agreement to do an act impossible in itself is void; illustration (a) to the section uses this very example of discovering treasure by magic.
The principle that 'the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract' is contained in which section of the Indian Contract Act, 1872?
aSection 129
bSection 127
cSection 126
dSection 128
Answer: D
Section 128 expressly declares the surety's liability to be co-extensive with that of the principal debtor unless the contract otherwise provides. Section 126 defines guarantee, surety, principal debtor and creditor, while Section 127 deals with consideration for guarantee.
A pledges his gold ornaments with B, a pawnbroker, as security for a loan. Such a transaction is, under the Indian Contract Act, 1872, essentially a contract of
aindemnity
bguarantee
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, the pledgor being the pawnor and the pledgee the pawnee.
Under Section 11 of the Indian Contract Act, 1872, every person is competent to contract who is of the age of majority, of sound mind, and
ais a citizen of India
bis not disqualified from contracting by any law to which he is subject
cis solvent at the time of contracting
dhas attained the age of twenty-one years
Answer: B
Section 11 lays down three positive requirements of competence: majority, soundness of mind, and the absence of disqualification by any law to which the person is subject (such as an alien enemy, insolvent or convict). Citizenship and solvency are not requirements.
The Indian Contract Act, 1872 defines a 'voidable contract' as an agreement which is enforceable by law
aat the option of one or more of the parties thereto, but not at the option of the other or others
bonly with the leave of the court
cin no circumstances whatsoever
dat the option of all the parties thereto
Answer: A
Section 2(i) defines a voidable contract as one enforceable by law at the option of one or more of the parties thereto but not at the option of the other(s). An agreement not enforceable by law at all is 'void' under Section 2(g).
A owes money to B under a contract. A, B and C agree that C shall be accepted by B as his debtor in place of A, and the old debt is extinguished. This is an instance of
aremission under Section 63
bappropriation of payments under Section 59
cnovation under Section 62
dassignment of the debt
Answer: C
Section 62 provides that where the parties to a contract agree to substitute a new contract for it, the original contract need not be performed; illustration (a) to Section 62 describes exactly this substitution of C as debtor in place of A.
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 to him
aonly by the conduct of the promisor himself
bby the conduct of any other person but not the promisor
cby the conduct of the promisor himself or by the conduct of any other person
dby any event including an act of God
Answer: C
Section 124 defines a contract of indemnity as one to save the other from loss caused 'by the conduct of the promisor himself, or by the conduct of any other person'. Loss arising from an act of God or accident falls outside the statutory definition under the Act.
With respect to an electronic record adduced as secondary evidence under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the certificate required under Section 63(4) is:
aMerely directory and may be dispensed with at the Court's discretion
bNecessary only where the opposite party objects
cRequired only in civil and not criminal proceedings
dA condition precedent, mandatory unless the original electronic record is itself produced
Answer: D
Section 63 of the BSA carries forward the position in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) 7 SCC 1: the certificate under Section 63(4) is a mandatory condition precedent for admitting an electronic record as secondary evidence, unless the original device/record is itself produced.
Under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession made to a police officer is
anot provable against the person accused of any offence
badmissible only if the police officer is of the rank of Inspector or above
cadmissible against the accused if it is reduced to writing
dadmissible if made in the presence of two independent witnesses
Answer: A
Section 23(1) of the BSA lays down an absolute bar: no confession made to a police officer shall be proved as against a person accused of any offence, irrespective of writing, witnesses or rank.
The proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) permits proof of so much of the information received from an accused in police custody as
arelates distinctly to the fact thereby discovered
bis corroborated by an independent witness
cis recorded by a Magistrate under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023
damounts to a full confession of guilt
Answer: A
The proviso to Section 23(2) of the BSA is an exception to the bar on custodial confessions; where a fact is deposed to as discovered in consequence of information received 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 thereby discovered may be proved.
Under Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the presumption as to genuineness arises where a document purporting to be thirty years old is produced from
athe office of the Sub-Registrar only
bthe custody of any private person
cthe possession of the person who executed it
da custody which the Court in the particular case considers proper
Answer: D
Section 92 of the BSA requires production from a custody which the Court considers proper; the presumption extends only to genuineness (signature, execution, attestation), not to the truth of the contents.
The presumption of genuineness under Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is
aa mandatory presumption extending to the truth of the contents
bavailable only in respect of registered documents
cdiscretionary, the Court 'may presume', and confined to the document's genuineness
da conclusive presumption of law
Answer: C
Section 92 of the BSA uses 'may presume', so the presumption is discretionary, and it covers only genuineness (handwriting, execution, attestation), not the truth of the recitals in the document.
A dying declaration as to the cause of death is made relevant under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) by
aSection 23
bthe proviso to Section 23(2)
cSection 26(a)
dSection 39
Answer: C
Section 26(a) of the BSA makes relevant statements by a person, since dead, as to the cause of his death or the circumstances of the transaction resulting in his death; this is the statutory basis of the dying declaration.
Under Indian law, for a dying declaration under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) to be relevant, it is
anot necessary that the declarant was under expectation of death
bnecessary that the declarant was under expectation of death
cnecessary that the declarant ultimately survived
dnecessary that it be recorded only by a Magistrate
Answer: A
Under Section 26(a) of the BSA, unlike English law, it is not necessary that the declarant be under expectation of death; the declaration is relevant once the person who made it is dead and it relates to the cause or circumstances of death.
Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) requires that oral evidence must in all cases be
agiven on oath before a Magistrate
breduced to writing before being tendered
ccorroborated by documentary evidence
ddirect
Answer: D
Section 55 of the BSA lays down that oral evidence must be direct, that is, the witness must depose to what he himself perceived, thereby excluding hearsay as a general rule.
When the Court has to form an opinion on a point of science, art, foreign law, or identity of handwriting or finger impressions, the opinion of a person specially skilled is relevant under
aSection 104 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 39 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: B
Section 39 of the BSA makes the opinion of an expert (a person specially skilled in foreign law, science, art, or identity of handwriting/finger impressions) a relevant fact.
Where an accused pleads that his case falls within a General Exception of the Bharatiya Nyaya Sanhita, the burden of proving the existence of such circumstances lies on him under
aSection 106 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 108 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 104 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: B
Section 108 of the BSA places the burden of proving that the case comes within a General Exception (or other exception/proviso) of the Bharatiya Nyaya Sanhita on the accused, and the Court shall presume the absence of such circumstances.
The general rule that the burden of proof lies on the party who would fail if no evidence at all were given on either side is contained in
aSection 104 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 108 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: A
Section 104 of the BSA lays down the foundational rule of burden of proof: whoever desires the Court to give judgment as to a legal right or liability dependent on facts must prove those facts.
Under Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), an accomplice
ais not a competent witness against an accused person
bcan never be convicted on the testimony of another accomplice
cmust always be granted pardon before he testifies
dis a competent witness against an accused person, and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice
Answer: D
Section 138 of the BSA declares an accomplice to be a competent witness against an accused person, and as enacted provides that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice (a change in wording from the repealed Section 133 of the Indian Evidence Act, which spoke of uncorroborated testimony). Illustration (b) to Section 119 BSA reinforces this by allowing the court to presume that an accomplice is unworthy of credit unless corroborated in material particulars.
The examination of a witness by the party who calls him is termed, under Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), his
are-examination
bcross-examination
cexamination-in-chief
djudicial examination
Answer: C
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 a subsequent examination by the party calling him is re-examination.
Illustration (g) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), allows the Court to presume that evidence which could be and is not produced
amust be presumed to have been destroyed
bwould, if produced, be unfavourable to the person who withholds it
cwould, if produced, support the case of the person who withholds it
dis irrelevant to the proceedings
Answer: B
Illustration (g) to Section 119 of the BSA permits the Court to presume that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it.
A fact is said to be 'proved' within the meaning of Section 2 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) when, after considering the matters before it, the Court
afinds it admitted by both parties
bfinds it supported by at least two witnesses
cis satisfied of its existence beyond all possible doubt
deither believes it to exist or considers its existence so probable that a prudent man ought to act upon the supposition that it exists
Answer: D
Under the definition in Section 2 of the BSA, a fact is 'proved' when the Court either believes it to exist or considers its existence so probable that a prudent man ought, in the circumstances, to act upon the supposition that it exists.
Convert into indirect speech: She said to me, 'Did you file the petition yesterday?'
aShe told me that I filed the petition yesterday.
bShe asked me if I had filed the petition the previous day.
cShe asked me whether I have filed the petition yesterday.
dShe asked me did I file the petition the day before.
Answer: B
A yes/no question becomes a reported clause with 'if/whether', the tense shifts back ('did file' to 'had filed'), and 'yesterday' becomes 'the previous day'.
Choose the word that correctly completes the analogy: 'OMNISCIENT : KNOWLEDGE :: OMNIPOTENT : ___'.
aPresence
bWealth
cPower
dWisdom
Answer: C
'Omniscient' relates to all-knowing (knowledge); by the same pattern 'omnipotent' relates to all-powerful (power). 'Omnipresent' would relate to presence.
The Jharkhand High Court, with its seat at Ranchi, came into existence on the very day the State of Jharkhand was carved out. Under which enactment and on which date was it established?
aBihar Reorganisation Act, 2000 — on 16th November, 2000
bJharkhand High Court Act, 2001 — on 26th January, 2001
cBihar Reorganisation Act, 2000 — on 15th November, 2000
dStates Reorganisation Act, 1956 — on 1st November, 1956
Answer: C
The Jharkhand High Court was established at Ranchi on 15th November, 2000 under the Bihar Reorganisation Act, 2000, succeeding the permanent bench of the Patna High Court. Jharkhand's foundation day is also 15th November, 2000.
Who is the Chief Justice of India holding office as the 53rd CJI (as of June 2026)?
aJustice D. Y. Chandrachud
bJustice Sanjiv Khanna
cJustice B. R. Gavai
dJustice Surya Kant
Answer: D
Justice Surya Kant took oath as the 53rd Chief Justice of India on 24th November 2025, succeeding Justice B. R. Gavai, and is due to demit office on 9th February 2027.
At the 2023 G20 New Delhi Summit hosted by India, which body was admitted as a new permanent member of the G20 on India's proposal?
aThe African Union
bThe European Free Trade Association
cASEAN
dThe Gulf Cooperation Council
Answer: A
At the 2023 New Delhi Summit, the first G20 summit hosted by India, the African Union was welcomed as a permanent member of the G20 on the proposal of India.
The National Judicial Data Grid (NJDG), which provides online case status and statistics of the district and subordinate courts of India, was developed under which initiative?
aDigital India Land Records Modernisation Programme
bSmart Cities Mission
ce-Courts Mission Mode Project
dNational e-Governance Plan for Panchayats
Answer: C
The NJDG is an online database of orders, judgments and case data of computerised district and subordinate courts, developed under the e-Courts Integrated Mission Mode Project of the Department of Justice and the e-Committee of the Supreme Court.
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