Jharkhand Judiciary Mock Test 10 — Questions & Solutions
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Under the BNSS, 2023, summons may be served on a person not only in physical form but also through electronic communication; this recognition of service by electronic means reflects which feature of the new Sanhita?
aIt allows summons only by oral intimation
bIt abolishes service of summons altogether
cIt permits summons to be served and authenticated through electronic communication bearing the court's seal
dIt requires summons to be served only by registered post
Answer: C
The BNSS expressly permits service of summons in encrypted or electronic form bearing the image of the seal of the court, giving statutory recognition to electronic service of process.
Under Section 356 of the BNSS, 2023, before commencing the trial in absentia of a proclaimed offender, the court shall not commence such trial unless a period has lapsed from the date of framing of the charge of:
asixty days
bninety days
cone hundred eighty days
dthirty days
Answer: B
Section 356 BNSS provides that the court shall not commence trial in absentia of a proclaimed offender unless a period of ninety days from the date of framing of the charge has lapsed, after observing the prescribed safeguards.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a police officer who proposes to arrest a person who is infirm or above sixty years of age, for an offence punishable with imprisonment for less than three years, must first obtain the prior permission of an officer not below the rank of
athe Judicial Magistrate of the first class
bDeputy Superintendent of Police
cSuperintendent of Police
dInspector of Police
Answer: B
Proviso to Section 35(7) of the BNSS, 2023 bars arrest of an infirm person or one above sixty years for offences punishable with under three years' imprisonment without the prior permission of an officer not below the rank of Deputy Superintendent of Police.
The concept of a 'Zero FIR', allowing information relating to a cognizable offence to be recorded by an officer in charge of any police station irrespective of the area where the offence is committed, is now expressly recognised under which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 190(1)
bSection 173(1)
cSection 154(1)
dSection 175(1)
Answer: B
Section 173(1) of the BNSS, 2023 statutorily recognises the Zero FIR by permitting information about a cognizable offence to be given to the officer in charge of any police station irrespective of jurisdiction, including by electronic communication.
Under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a preliminary enquiry to ascertain whether a prima facie case exists may be conducted, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, where the cognizable offence is punishable with imprisonment for
athree years or more but less than seven years
bless than three years
cten years or more
dseven years or more but less than ten years
Answer: A
Section 173(3) of the BNSS, 2023 permits a preliminary enquiry (to be completed within fourteen days) for cognizable offences punishable with three years or more but less than seven years.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum period of police custody that a Magistrate may authorise (whether at one time or in parts) is
athirty days
bfifteen days
cseven days
dsixty days
Answer: B
Section 187 of the BNSS, 2023 caps police custody at fifteen days in whole, but permits it to be sought in parts during the initial forty or sixty days of the total detention period.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an accused is entitled to default (statutory) bail where investigation is not completed within ninety days only if the offence under investigation is punishable with
aimprisonment for seven years or more
bimprisonment for three years or more
cany term of imprisonment
ddeath, imprisonment for life, or imprisonment for a term of ten years or more
Answer: D
Section 187 of the BNSS, 2023 fixes the maximum detention without charge-sheet at ninety days for offences punishable with death, life imprisonment or imprisonment for ten years or more, and sixty days for any other offence; default bail accrues on expiry.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the report of a police officer on completion of investigation (charge sheet) is forwarded to the Magistrate under which section?
aSection 200
bSection 190
cSection 193
dSection 173
Answer: C
Section 193 of the BNSS, 2023 governs the report of a police officer on completion of investigation, corresponding to Section 173 of the old CrPC, 1973.
Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court may proceed with an inquiry or trial in absentia of a proclaimed offender only after the lapse of
aninety days from the date of framing of the charge
bone year from the date of the warrant
cthirty days from the date of proclamation
dsixty days from the date of the offence
Answer: A
Section 356 of the BNSS, 2023 permits trial in absentia of a proclaimed offender, but the trial cannot commence unless ninety days have lapsed from the date of framing of the charge.
Anticipatory bail, that is, a direction for release on bail in the event of arrest of a person apprehending arrest on accusation of a non-bailable offence, may be granted by the High Court or the Court of Session under which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 480
bSection 438
cSection 482
dSection 484
Answer: C
Section 482 of the BNSS, 2023 provides for anticipatory bail, corresponding to Section 438 of the old CrPC, 1973; it is granted only by the High Court or the Court of Session.
The inherent powers of the High Court to prevent abuse of the process of any Court or otherwise to secure the ends of justice, formerly contained in Section 482 of the CrPC, 1973, are now found in which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 482
bSection 528
cSection 438
dSection 531
Answer: B
Section 528 of the BNSS, 2023 preserves the inherent powers of the High Court, replicating Section 482 of the old CrPC, 1973.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the process of conducting a search and seizure, including preparation and signing of the list of seized articles, is required to be recorded through audio-video electronic means (preferably a mobile phone) under which section?
aSection 105
bSection 93
cSection 100
dSection 165
Answer: A
Section 105 of the BNSS, 2023 makes audio-video electronic recording of the search and seizure process mandatory and requires the recording to be forwarded to the jurisdictional Magistrate without delay.
Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Court of Magistrate of the first class may pass a sentence of imprisonment not exceeding three years, or a fine not exceeding
afifty thousand rupees, or both, or community service
bten thousand rupees, or both
cone lakh rupees, or both
dfive thousand rupees, or both
Answer: A
Section 23 of the BNSS, 2023 empowers a Magistrate of the first class to impose up to three years' imprisonment, a fine up to fifty thousand rupees, or both, or community service; the fine ceiling was raised from the ten thousand rupees under the old CrPC.
The Bharatiya Nagarik Suraksha Sanhita, 2023 casts a statutory duty on every State Government to prepare and notify a Witness Protection Scheme. This obligation is contained in
aSection 195A
bSection 357
cSection 398
dSection 477
Answer: C
Section 398 of the BNSS, 2023 is a new provision mandating every State Government to prepare and notify a Witness Protection Scheme for the protection of witnesses.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict under sentence of death (or his legal heir/relative) may submit a mercy petition to the Governor of the State or the President of India under which section?
aSection 416
bSection 454
cSection 432
dSection 472
Answer: D
Section 472 of the BNSS, 2023 introduces a statutory framework and timelines for mercy petitions in death sentence cases addressed to the Governor and the President.
Section 530 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that all trials, inquiries and proceedings, including issuance and service of summons and warrants, examination of witnesses and recording of evidence, may be held
aonly with the prior sanction of the High Court
bin electronic mode by use of electronic communication or audio-video electronic means
cexclusively before a Sessions Judge
donly in open court in physical presence of the accused
Answer: B
Section 530 of the BNSS, 2023 expressly enables trials, inquiries and proceedings (including summons, evidence and appellate proceedings) to be conducted in electronic mode through electronic communication or audio-video electronic means.
Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, before proceeding with a trial in absentia of a proclaimed offender, the Court must, among other safeguards, issue at least two consecutive warrants of arrest with a minimum interval between them of
aseven days
bthirty days
cfifteen days
dninety days
Answer: B
Section 356 of the BNSS, 2023 requires, as a precondition to trial in absentia, the issuance of at least two consecutive arrest warrants with an interval of at least thirty days, along with newspaper publication and appointment of a State-funded advocate.
Where numerous persons have the same interest in one suit, one or more of them may, with the permission of the court, sue or be sued on behalf of all interested persons. Such a representative suit is provided for under
aOrder II, Rule 2
bOrder I, Rule 10
cOrder XXII, Rule 3
dOrder I, Rule 8
Answer: D
Order I, Rule 8 CPC permits one or more persons having the same interest to sue or be sued, with the court's permission, on behalf of or for the benefit of all persons so interested (representative suit).
Where the plaint does not disclose a cause of action, or the relief claimed is undervalued and not corrected, or it is written upon insufficiently stamped paper, the court is bound to reject the plaint. The grounds for rejection of a plaint are set out in
aOrder VII, Rule 11
bOrder VII, Rule 1
cOrder VI, Rule 16
dOrder VIII, Rule 6
Answer: A
Order VII, Rule 11 CPC enumerates the grounds on which a plaint shall be rejected, including non-disclosure of a cause of action and a suit barred by any law.
A second appeal to the High Court from an appellate decree lies, under the Code of Civil Procedure, 1908, only when the case involves
aany question of fact wrongly decided
ba substantial question of law
ca mere error of procedure
da fresh re-appreciation of all evidence
Answer: B
Section 100 CPC provides that a second appeal to the High Court lies only if the High Court is satisfied that the case involves a substantial question of law.
Under Section 9 of the Code of Civil Procedure, 1908, the courts shall have jurisdiction to try all suits of a civil nature
awithout any exception whatsoever
bonly when expressly conferred by a statute
cexcepting suits in which the right to property or to an office is contested
dexcepting suits of which their cognizance is either expressly or impliedly barred
Answer: D
Section 9 confers jurisdiction on civil courts to try all suits of a civil nature except those whose cognizance is expressly or impliedly barred. The Explanation makes clear a suit involving a right to property or to an office is of a civil nature even if it depends entirely on religious rites.
In execution of a decree, other than a decree for maintenance, passed against A, whose salary is Rs. 7,000 per month, the attachable portion of the salary shall be
aRs. 2,333
bRs. 3,000
cRs. 4,000
dRs. 2,000
Answer: D
Under the proviso to Section 60(1)(i), the first Rs. 1,000 of salary and two-thirds of the remainder are exempt from attachment; thus only one-third of (7,000 - 1,000) = Rs. 2,000 is attachable.
Restitution on the variation or reversal of a decree is provided for under which section of the Code of Civil Procedure, 1908?
aSection 151
bSection 148
cSection 144
dSection 141
Answer: C
Section 144 enables the court of first instance to grant restitution so as to place the parties in the position they would have occupied but for the decree that has since been varied or reversed.
Where a period is fixed or granted by the Court for the doing of any act prescribed or allowed by the Code, the Court, under Section 148, may enlarge such period from time to time, even though the period originally fixed has expired, not exceeding in total
afifteen days
bthirty days
cninety days
dsixty days
Answer: B
Section 148, as amended by the 1999 Amendment Act, permits enlargement of time in the court's discretion subject to a maximum total of thirty days.
A defendant who fails to present his written statement within thirty days under Order VIII, Rule 1 may be permitted to file it on a later day, for reasons to be recorded by the Court, but not later than
athe first date of hearing in any event
bninety days from the date of service of summons
csixty days from the service of summons
done hundred and twenty days from the service of summons
Answer: B
Order VIII, Rule 1 fixes thirty days for filing the written statement, extendable by the Court for recorded reasons up to a maximum of ninety days from the date of service of summons.
Before instituting a suit against the Government, a notice under Section 80 of the Code is required to be served, and the suit cannot be instituted until the expiration of
atwo months
bsixty days only with leave of the court
cthree months
dthirty days
Answer: A
Section 80 requires a two months' notice before instituting a suit against the Government, though the proviso permits a suit for urgent or immediate relief to be filed with leave of the court without such notice.
A suit for compensation for wrong done to immovable property situate within the jurisdiction of different courts may, under the Code, be instituted in any court within whose local limits any portion of the property is situate. The general rule that suits relating to immovable property be instituted where the property is situate is contained in
aSection 20
bSection 19
cSection 16
dSection 15
Answer: C
Section 16 requires suits relating to immovable property (recovery, partition, foreclosure, etc.) to be instituted where the property is situate, subject to the proviso allowing personal-obedience relief to be sought where the defendant resides.
A second appeal lies to the High Court under Section 100 of the Code of Civil Procedure, 1908 only if the High Court is satisfied that the case involves
aa substantial error or defect in procedure
ban error apparent on the face of the record
cany error of law or fact
da substantial question of law
Answer: D
After the 1976 Amendment, a second appeal under Section 100 is maintainable only where the High Court is satisfied that a substantial question of law is involved, which it must formulate at the time of admission.
The summary procedure for suits upon bills of exchange, hundies and promissory notes, in which the defendant must obtain leave to defend, is contained in
aOrder XXXVI of CPC
bOrder XXXIX of CPC
cOrder XXXVII of CPC
dOrder XXXVIII of CPC
Answer: C
Order XXXVII lays down the summary procedure; the defendant is not entitled to defend the suit as of right but must obtain leave to defend from the court.
Where, in an interpleader suit, a person holds property in respect of which two or more persons claim adversely to one another, the proper procedure for such holder is to
await for the claimants to litigate the matter among themselves
bretain the property until one claimant withdraws
cinstitute an interpleader suit against all the rival claimants
ddeliver the property to whichever claimant first approaches him
Answer: C
Under Section 88 read with Order XXXV, where two or more persons claim the same property adversely, the holder having no interest other than charges or costs may institute an interpleader suit against all of them so the court may determine to whom payment or delivery should be made.
The doctrine of res judicata is embodied in which section of the Code of Civil Procedure, 1908?
aSection 11
bSection 10
cSection 13
dSection 12
Answer: A
Section 11 bars a court from trying any suit or issue which has been directly and substantially in issue in a former suit between the same parties and finally decided by a competent court; Section 10 deals with stay of suit (res sub judice).
The power of the High Court to call for the record of any case decided by a subordinate court in which no appeal lies, where such court appears to have exercised a jurisdiction not vested in it, is the power of
areference under Section 113
brevision under Section 115
cappeal under Section 96
dreview under Section 114
Answer: B
Section 115 confers revisional jurisdiction on the High Court to correct jurisdictional errors of subordinate courts where no appeal lies; it is not a re-hearing on merits but a supervisory check on excess or failure of jurisdiction.
Amendment of pleadings is governed by Order VI, Rule 17 of the Code of Civil Procedure, 1908. After the commencement of trial, the court shall not allow such an amendment unless
athe opposite party consents to the amendment
bthe amendment does not change the nature of the suit
cin spite of due diligence, the party could not have raised the matter before the commencement of trial
dthe amendment is necessary for determining the real questions in controversy
Answer: C
The proviso to Order VI, Rule 17 (inserted by the 2002 Amendment) bars amendment after the trial has commenced unless the court concludes that, despite due diligence, the party could not have raised the matter earlier.
Under the Bharatiya Nyaya Sanhita, 2023, where a person threatens another with injury to his person, reputation or property with intent to cause alarm, the offence is 'criminal intimidation' under
aSection 353
bSection 351
cSection 503
dSection 349
Answer: B
Criminal intimidation is defined and punished under Section 351 BNS (corresponding to old Sections 503/506 IPC); Section 503 was the IPC provision and does not survive in the BNS numbering.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'kidnapping' (kidnapping from India and kidnapping from lawful guardianship) is defined under
aSection 136
bSection 137
cSection 359
dSection 135
Answer: B
Kidnapping is defined in Section 137 BNS, comprising kidnapping from India and kidnapping from lawful guardianship; abduction is dealt with separately under Section 138.
Under the Bharatiya Nyaya Sanhita, 2023, the principle that when a criminal act is done by several persons in furtherance of the common intention of all, each is liable as if he had done it alone, is contained in
aSection 34
bSection 190
cSection 61(2)
dSection 3(5)
Answer: D
The 'common intention' rule, formerly Section 34 IPC, is now placed among the General Explanations in Section 3(5) of the BNS, 2023.
A group of seven persons, acting in concert, beats Z to death on the ground that Z belongs to a particular caste. Under the Bharatiya Nyaya Sanhita, 2023, the special provision dealing with such a 'mob lynching' murder is found in
aSection 103(2)
bSection 111
cSection 190
dSection 101(2)
Answer: A
Section 103(2) BNS specifically punishes murder by a group of five or more persons acting in concert on grounds such as race, caste, community, sex, place of birth, language or personal belief, with death or imprisonment for life.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'snatching' — where the offender suddenly, quickly or forcibly seizes or grabs movable property — has been introduced as a distinct offence under
aSection 303
bSection 309
cSection 304
dSection 311
Answer: C
Snatching is a new offence created by Section 304 BNS, distinct from theft (Section 303) and robbery (Section 309), punishable with imprisonment up to three years and fine.
Under Section 137 of the Bharatiya Nyaya Sanhita, 2023, kidnapping from lawful guardianship is committed by taking or enticing, out of the keeping of the lawful guardian, a child below the age of
aeighteen years, irrespective of sex
bsixteen years if male and eighteen years if female
cfourteen years, irrespective of sex
dtwelve years if male and sixteen years if female
Answer: A
Section 137(1)(b) BNS makes the threshold a uniform 'child below the age of eighteen years' (or a person with mental illness), removing the gender-based 16/18 distinction that existed under Section 361 IPC.
X by deceitful means induces Y to leave her house and accompany him. Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'abduction' is defined in
aSection 308
bSection 140
cSection 138
dSection 137
Answer: C
Section 138 BNS defines abduction as compelling a person by force, or inducing by deceitful means, to go from any place; abduction is an auxiliary act, punishable only when coupled with another intent.
The colonial offence of sedition has been replaced under the Bharatiya Nyaya Sanhita, 2023. The provision penalising acts endangering the sovereignty, unity and integrity of India is
aSection 197
bSection 124A
cSection 150
dSection 152
Answer: D
Section 152 BNS penalises exciting secession, armed rebellion or subversive activities, with an express saving for lawful criticism of the Government; it replaces sedition under Section 124A IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'criminal conspiracy' is defined and made punishable under
aSection 120A
bSection 190
cSection 45
dSection 61
Answer: D
Section 61 BNS defines criminal conspiracy in sub-section (1) and provides punishment in sub-section (2), corresponding to the former Sections 120A and 120B IPC.
A child four years of age picks up a costly ornament and carries it away. Under the Bharatiya Nyaya Sanhita, 2023, the act is protected as a general exception because nothing is an offence done by a child under seven years, under
aSection 22
bSection 20
cSection 21
dSection 82
Answer: B
Section 20 BNS provides absolute immunity (doli incapax) for an act done by a child under seven years of age; Section 21 deals with a child above seven and under twelve of immature understanding.
Under the Bharatiya Nyaya Sanhita, 2023, the right of private defence of the body extends to voluntarily causing death of the assailant in the circumstances enumerated in
aSection 38
bSection 35
cSection 100
dSection 103
Answer: A
Section 38 BNS specifies the situations — such as assault reasonably causing apprehension of death, grievous hurt, rape, kidnapping or acid attack — in which the right of private defence of the body extends to causing death.
A, entrusted with money by B to be paid to C, dishonestly converts it to his own use. Under the Bharatiya Nyaya Sanhita, 2023, A commits criminal breach of trust, the general definition of which is contained in
aSection 403
bSection 318
cSection 316
dSection 314
Answer: C
Section 316 BNS defines criminal breach of trust (formerly Section 405/406 IPC), requiring entrustment of property followed by dishonest misappropriation or conversion in violation of the trust.
Z intentionally puts B in fear of grievous hurt and thereby dishonestly induces B to hand over his gold chain. Under the Bharatiya Nyaya Sanhita, 2023, Z has committed
atheft under Section 303
bcheating under Section 318
cextortion under Section 308
drobbery under Section 309
Answer: C
Section 308 BNS defines extortion as intentionally putting a person in fear of injury and thereby dishonestly inducing the delivery of property; delivery of property by the victim under fear distinguishes it from theft.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of defamation is punishable and, for the first time, may attract a sentence of community service. The relevant section is
aSection 356
bSection 500
cSection 499
dSection 354
Answer: A
Section 356 BNS defines and punishes defamation, and notably introduces community service as one of the punishment options alongside simple imprisonment up to two years or fine.
A agrees to pay B Rs. 1,000 if two straight lines should enclose a space. Under the Indian Contract Act, 1872, this agreement is
avalid and enforceable
bvoidable at B's option
cvoid for want of consideration
dvoid, being contingent on an impossible event
Answer: D
Section 36 provides that contingent agreements to do or not to do anything if an impossible event happens are void, whether or not the impossibility is known to the parties; illustration (a) uses the very example of two straight lines enclosing a space.
Explanation 2 to Section 25 of the Indian Contract Act, 1872 provides that an agreement to which the consent of the promisor is freely given is not void merely because the consideration is inadequate. This indicates that consideration need not be
alawful
badequate
creal
dgiven at the desire of the promisor
Answer: B
Explanation 2 to Section 25 states that inadequacy of consideration does not by itself make an agreement void, though it may be considered in deciding whether consent was free. Consideration must still be lawful, real, and move at the promisor's desire.
Under Section 23 of the Indian Contract Act, 1872, the consideration or object of an agreement is unlawful, among other grounds, where
ait is inadequate in value
bthe Court regards it as immoral or opposed to public policy
cit has not been reduced to writing
dit is past consideration
Answer: B
Section 23 enumerates the cases in which the consideration or object is unlawful, including where it is forbidden by law, defeats any law, is fraudulent, involves injury to person or property, or where the Court regards it as immoral or opposed to public policy. Inadequacy and past consideration are not grounds of unlawfulness.
When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a 'proposal'. This definition is found in
aSection 2(h)
bSection 2(b)
cSection 2(d)
dSection 2(a)
Answer: D
Section 2(a) defines 'proposal'. Section 2(b) defines acceptance/promise, Section 2(d) defines consideration, and Section 2(h) defines a contract as an agreement enforceable by law.
In a contract of agency, the relationship is created when one person is employed to do any act for another or to represent another in dealings with third persons. The terms 'agent' and 'principal' are defined under
aSection 230
bSection 148
cSection 182
dSection 172
Answer: C
Section 182 defines an 'agent' as a person employed to do any act for another or to represent another in dealings with third persons, and the 'principal' as the person for whom such act is done. Section 230 deals separately with an agent's non-liability on contracts made for the principal.
A, a minor, mortgages his house to B, a moneylender, for a loan. On the principle settled in Mohori Bibee v. Dharmodas Ghose, the agreement is
avoidable at the option of the minor
bvalid and enforceable against the minor
cvoid ab initio
dvalid if ratified by the minor on attaining majority
Answer: C
In Mohori Bibee v. Dharmodas Ghose, the Privy Council held that an agreement by a minor is void ab initio, as a minor is not competent to contract under Section 11.
Under Section 7 of the Indian Contract Act, 1872, in order to convert a proposal into a promise, the acceptance must be
acommunicated within a reasonable time only
bsupported by adequate consideration
cabsolute and unqualified
dexpress and in writing
Answer: C
Section 7 requires that for a proposal to become a promise, the acceptance must be absolute and unqualified, and expressed in a usual and reasonable manner.
A promises, for no consideration, to give B Rs. 1,000. The promise is made in writing and registered, on account of A's natural love and affection for his brother B. The agreement is
avalid only if B has actually rendered some service
bvoidable at the option of A
cvalid under the exception in Section 25(1)
dvoid for want of consideration
Answer: C
Section 25(1) makes an agreement without consideration valid where it is in writing, registered, and made on account of natural love and affection between parties standing in a near relation to each other.
Which Section of the Indian Contract Act, 1872 declares that every agreement by which any one is restrained from exercising a lawful profession, trade or business is void?
aSection 27
bSection 28
cSection 30
dSection 26
Answer: A
Section 27 provides that every agreement by which anyone is restrained from exercising a lawful profession, trade or business of any kind is, to that extent, void (subject to the sale-of-goodwill exception).
A contract to do or not to do something if some event, collateral to such contract, does or does not happen, is defined under Section 31 as a
avoidable contract
bquasi-contract
cwagering agreement
dcontingent contract
Answer: D
Section 31 defines a contingent contract as a contract to do or not to do something if some event, collateral to such contract, does or does not happen.
A contract to do an act which, after the contract is made, becomes impossible or unlawful, becomes void when the act becomes impossible or unlawful. This rule of supervening impossibility is contained in
aSection 56
bSection 55
cSection 39
dSection 53
Answer: A
The second paragraph of Section 56 embodies the doctrine of frustration: a contract to do an act which afterwards becomes impossible or unlawful becomes void when the act becomes impossible or unlawful.
Where the parties to a contract agree to substitute a new contract for it, the original contract need not be performed. This effect of novation is provided under
aSection 65
bSection 56
cSection 63
dSection 62
Answer: D
Section 62 provides that if the parties to a contract agree to substitute a new contract for it, or to rescind or alter it, the original contract need not be performed.
Oral account of the contents of a document given by a person who has himself seen it is
aprimary evidence
bno evidence at all
csecondary evidence
dconclusive proof of the contents
Answer: C
Under Section 58 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), secondary evidence includes oral accounts of the contents of a document given by some person who has himself seen it; the document itself would be primary evidence under Section 57.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), no confession made by a person while he is in the custody of a police officer shall be proved against him unless it is made in the immediate presence of
aa Magistrate
ba Superintendent of Police
ctwo independent witnesses
dthe Public Prosecutor
Answer: A
Section 23(2) of the BSA bars proof of a confession made by a person while in the custody of a police officer unless it is made in the immediate presence of a Magistrate. This safeguard guards against custodial coercion.
When a fact is deposed to as discovered in consequence of information received from a person accused of an offence while in police custody, so much of that information as relates distinctly to the fact thereby discovered may be proved. This rule is contained in
aSection 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cthe proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 24 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: C
The proviso to Section 23(2) of the BSA (successor to Section 27 of the Indian Evidence Act) is an exception to the bars in Section 23(1) and 23(2), allowing proof of only so much of the information, whether or not it amounts to a confession, as relates distinctly to the fact thereby discovered.
A statement made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, is a relevant fact (dying declaration) under
aSection 24 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 27 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: D
Section 26(a) of the BSA makes a dying declaration relevant as an exception to the hearsay rule, when the person who made it is dead. It need not be made under expectation of death under the BSA.
An accomplice shall be a competent witness against an accused person, and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this is laid down in
aSection 138
bSection 124
cSection 139
dSection 143
Answer: A
Section 138 of the BSA declares an accomplice a competent witness against an accused person and provides, as enacted, that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice, read with the rule of prudence in Illustration (b) to Section 119 (presumption that an accomplice is unworthy of credit unless corroborated in material particulars).
The provision that no particular number of witnesses shall in any case be required for the proof of any fact is contained, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), in
aSection 55
bSection 142
cSection 139
dSection 140
Answer: C
Section 139 of the BSA enacts that no particular number of witnesses is required for proof of any fact, reflecting the principle that evidence is weighed, not counted.
A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket lies on A. This illustrates the principle contained, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), in
aSection 109
bSection 105
cSection 106
dSection 104
Answer: A
Section 109 of the BSA places the burden of proving a fact especially within a person's knowledge upon that person; whether A had a ticket is especially within his own knowledge.
The document itself produced for the inspection of the Court is, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), called
aprimary evidence
ba public document
cdocumentary admission
dsecondary evidence
Answer: A
Section 57 of the BSA defines primary evidence as the document itself produced for the inspection of the Court; it is the best evidence of the contents of a document.
Where a document purporting to be thirty years old is produced from proper custody, the Court may presume that the signature and every part of it which purports to be in the handwriting of a particular person is in that person's handwriting. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this presumption arises under
aSection 60
bSection 119
cSection 79
dSection 92
Answer: D
Section 92 of the BSA permits the Court to presume due execution and authenticity of a document thirty years old produced from proper custody. It is a discretionary ('may presume') presumption.
When one person has by his declaration, act or omission intentionally caused or permitted another to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed to deny the truth of that thing. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this rule of estoppel is contained in
aSection 116
bSection 122
cSection 119
dSection 121
Answer: D
Section 121 of the BSA embodies the doctrine of estoppel by conduct, preventing a person from denying the truth of a state of things he intentionally led another to believe and act upon.
A leading question is a question suggesting the answer which the person putting it wishes or expects to receive. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the definition of 'leading question' appears in
aSection 148
bSection 150
cSection 147
dSection 146
Answer: D
Section 146(1) of the BSA defines a leading question; the remaining sub-sections of Section 146 then regulate when such questions may or may not be asked (generally barred in examination-in-chief, permitted in cross-examination).
Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction are relevant. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this doctrine of res gestae is contained in
aSection 4
bSection 3
cSection 6
dSection 5
Answer: A
Section 4 of the BSA embodies the rule of res gestae, making facts forming part of the same transaction relevant whether they occurred at the same time and place or at different times and places.
A confession made to a person in authority is irrelevant in a criminal proceeding if it appears to the Court to have been caused by any inducement, threat, coercion or promise having reference to the charge. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this bar is contained in
aSection 23
bSection 26
cSection 27
dSection 22
Answer: D
Section 22 of the BSA renders a confession irrelevant when it appears to have been caused by an inducement, threat, coercion or promise proceeding from a person in authority and having reference to the charge against the accused.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when the Court is directed that it 'shall presume' a fact, it must regard such fact as proved unless and until
acorroborated by an expert
bit is disproved
cthe court records reasons
dit is admitted by the opposite party
Answer: B
Under the definition of 'shall presume' in Section 2(1)(l) of the BSA, where the Adhiniyam directs a Court to presume a fact, the Court must regard it as proved unless and until it is disproved; it is a rebuttable presumption of law.
A trader fixes the marked price of an article 25% above its cost price and then allows a discount of 12% on the marked price. His percentage profit on the cost price is:
a12%
b13%
c15%
d10%
Answer: D
Let cost price be 100. Marked price = 125; selling price after 12% discount = 125 x 0.88 = 110. Profit = 110 - 100 = 10, i.e. 10% on cost price.
Choose the option that correctly fills the blank: 'The judge, along with the two assessors, ____ already reached the courtroom.'
ahas
bwere
chave
dare
Answer: A
When two subjects are joined by 'along with', the verb agrees with the first (principal) subject 'The judge', which is singular; hence the singular verb 'has' is correct.
The Nobel Peace Prize for 2025 was awarded to Maria Corina Machado for promoting democratic rights. She is a political leader from which country?
aVenezuela
bColombia
cChile
dBolivia
Answer: A
The Norwegian Nobel Committee awarded the 2025 Nobel Peace Prize to Venezuelan opposition leader Maria Corina Machado for her work promoting democratic rights and a peaceful transition from dictatorship to democracy in Venezuela.
Justice Bhushan Ramkrishna Gavai, who took oath in May 2025, was the ___ Chief Justice of India and the first from the Buddhist community.
a50th
b53rd
c52nd
d51st
Answer: C
Justice B.R. Gavai was sworn in as the 52nd Chief Justice of India on 14 May 2025, succeeding Justice Sanjiv Khanna, and is the first Buddhist to hold the office.
The 2025 G20 Leaders' Summit, held in November 2025, took place in which city, marking the first time the summit was hosted on the African continent?
aAddis Ababa
bJohannesburg
cCairo
dNairobi
Answer: B
The 2025 G20 Summit was held on 22-23 November 2025 in Johannesburg, South Africa, under South Africa's presidency, the first G20 leaders' summit hosted in Africa.
The 2024 Sveriges Riksbank Prize in Economic Sciences (Nobel) was awarded to Daron Acemoglu, Simon Johnson and James Robinson for studies on which subject?
aHow institutions are formed and affect prosperity
bAuction theory and market design
cLabour market behaviour and unemployment
dBanking and financial crises
Answer: A
The Royal Swedish Academy of Sciences awarded the 2024 Economics prize to Acemoglu, Johnson and Robinson for their studies of how institutions are formed and affect prosperity.
The 2024 Booker Prize was won by Samantha Harvey for her novel 'Orbital', notable for being the first Booker winner set entirely in which location?
aA single prison cell
bSpace (the International Space Station)
cUnder the sea
dAntarctica
Answer: B
Samantha Harvey's 'Orbital', following six astronauts aboard the International Space Station over one day, won the 2024 Booker Prize and is the first space-set novel to win the award.
In the final of the ICC Men's T20 World Cup 2024, played at Kensington Oval, Barbados, India defeated which team to win the title?
aEngland
bAustralia
cAfghanistan
dSouth Africa
Answer: D
India defeated South Africa by 7 runs in the final on 29 June 2024 at Bridgetown, Barbados, to win their second Men's T20 World Cup, finishing the tournament unbeaten.
India observed its first-ever National Space Day on 23 August 2024. This date commemorates the soft landing on the Moon by which mission?
aChandrayaan-2
bAditya-L1
cMangalyaan (Mars Orbiter Mission)
dChandrayaan-3
Answer: D
National Space Day is observed on 23 August to mark the soft landing of Chandrayaan-3's Vikram lander near the Moon's south pole on 23 August 2023; the first edition was celebrated in 2024.
The 2024 Nobel Prize in Physics was awarded to John Hopfield and Geoffrey Hinton for foundational discoveries that enable what technology?
aMachine learning with artificial neural networks
bOptical fibre communication
cSemiconductor lithography
dQuantum computing
Answer: A
The 2024 Physics Nobel went to Hopfield and Hinton for foundational discoveries and inventions that enable machine learning with artificial neural networks.
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