Karnataka Judiciary Mock Test 8 — Questions & Solutions
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Where a decree or order is varied or reversed in appeal, revision or otherwise, the party entitled to the benefit of such variation may apply for restitution under
aSection 141 CPC
bSection 151 CPC
cSection 144 CPC
dSection 148 CPC
Answer: C
Section 144 CPC embodies the doctrine of restitution, requiring the Court which passed the decree to place the parties in the position they would have occupied but for the decree that has been varied or reversed.
Where any property in dispute in a suit is in danger of being wasted, damaged or alienated by a party, the Court may grant a temporary injunction under
aOrder XL Rule 1
bOrder XXXIX Rule 2
cOrder XXXVIII Rule 5
dOrder XXXIX Rule 1
Answer: D
Order XXXIX Rule 1 CPC empowers the Court to grant a temporary injunction where the property in dispute is in danger of being wasted, damaged or wrongfully alienated, or the defendant threatens to dispossess the plaintiff.
Where an appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court, a further appeal
alies directly to the Supreme Court as of right
blies to a Division Bench of the same High Court
cshall not lie by virtue of Section 100A CPC
dlies only with a certificate of fitness
Answer: C
Section 100A CPC bars any further appeal (such as a Letters Patent Appeal) from a judgment and decree of a Single Judge of a High Court deciding an appeal from an original or appellate decree or order.
An appeal from an original decree passed by a Court exercising original jurisdiction is provided under
aOrder XLIII Rule 1 CPC
bSection 115 CPC
cSection 104 CPC
dSection 96 CPC
Answer: D
Section 96 CPC provides for a first appeal from every original decree passed by a Court exercising original jurisdiction, lying on both questions of fact and law.
Under Section 100 of the Code of Civil Procedure, 1908, a second appeal to the High Court lies only on the ground that the case involves
aa substantial question of law
ban error of fact apparent on the face of the record
ca mixed question of law and fact
da wrong appreciation of evidence by the lower appellate court
Answer: A
Section 100 CPC permits a second appeal to the High Court only where the case involves a substantial question of law, which must be formulated by the Court. A second appeal does not lie on questions of fact.
Under Order XXXIII Rule 1 of the Code of Civil Procedure, 1908, a suit may be instituted by a person as an indigent person where
ahe has been declared insolvent by a competent court
bhe is below the poverty line as certified by the Tahsildar
che is not possessed of sufficient means, other than property exempt from attachment in execution of a decree and the subject-matter of the suit, to enable him to pay the prescribed court fee
dhis total annual income does not exceed rupees ten thousand
Answer: C
Under the Explanation to Order XXXIII Rule 1, a person is an indigent person if he is not possessed of sufficient means (excluding property exempt from attachment and the subject-matter of the suit) to pay the prescribed court fee.
A party aggrieved by a decree passed ex parte against him may, under Order IX Rule 13 of the Code of Civil Procedure, 1908, apply to the Court to
areview the decree under Section 114
brestore the suit dismissed for default under Order IX Rule 4
cset aside the ex parte decree on showing sufficient cause for non-appearance
dtransfer the suit to another court
Answer: C
Order IX Rule 13 enables a defendant against whom an ex parte decree is passed to apply for setting it aside on satisfying the Court that summons was not duly served or that he was prevented by sufficient cause from appearing.
Under Section 11 of the Code of Civil Procedure, 1908, the doctrine of res judicata bars a court from trying a suit or issue which
ahas been directly and substantially in issue in a former suit between the same parties and heard and finally decided by a competent court
binvolves a question of law already decided by the High Court
chas been compromised between the parties before institution
dis pending before another court of concurrent jurisdiction
Answer: A
Section 11 embodies res judicata: a matter directly and substantially in issue in a former suit, between the same parties litigating under the same title, heard and finally decided by a competent court, cannot be re-agitated. A pending matter is barred by res sub judice under Section 10, not res judicata.
Under Section 96 read with Order XLI of the Code of Civil Procedure, 1908, no appeal lies from a decree passed by the Court
awith the consent of the parties
bin a money recovery suit
cex parte against the defendant
din a suit valued above rupees one lakh
Answer: A
Section 96(3) provides that no appeal shall lie from a decree passed by the Court with the consent of parties. However, an appeal does lie from an original ex parte decree under Section 96(2).
Under Order I Rule 10(2) of the Code of Civil Procedure, 1908, the Court may, at any stage of the proceedings,
aorder that the name of any party improperly joined be struck out and that the name of any necessary or proper party be added
bconvert a representative suit into an individual suit
ccompel the plaintiff to implead all co-owners as plaintiffs
ddismiss the suit for misjoinder of parties
Answer: A
Order I Rule 10(2) empowers the Court, at any stage and on such terms as it thinks just, to strike out a party improperly joined and to add any person whose presence is necessary to effectually and completely adjudicate the questions involved.
Under Section 24 of the Code of Civil Procedure, 1908, the power to transfer or withdraw any suit, appeal or other proceeding pending in a subordinate court is exercisable by
athe Supreme Court only
bthe High Court or the District Court
cthe District Court only, and not the High Court
dthe court in which the suit is pending
Answer: B
Section 24 CPC confers general power of transfer and withdrawal of suits, appeals and proceedings on the High Court or the District Court, which may act on application of a party or of its own motion.
Under Order VII Rule 11 of the Code of Civil Procedure, 1908, a plaint shall be rejected where
athe defendant denies the plaintiff's title
bthe suit is contested on merits
cit does not disclose a cause of action
dthe plaintiff fails to appear on the date of hearing
Answer: C
Order VII Rule 11 mandates rejection of a plaint where it does not disclose a cause of action, the relief is undervalued and not corrected, it is insufficiently stamped, or the suit appears from the statement to be barred by law.
Under Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908, the Court may direct the defendant to furnish security or order attachment before judgment where it is satisfied that the defendant, with intent to obstruct or delay execution of any decree, is about to
adispose of the whole or any part of his property, or remove it from the local limits of the jurisdiction of the Court
bfile a counter-claim
cleave India permanently
dtransfer the suit to another court
Answer: A
Order XXXVIII Rule 5 permits attachment before judgment where the Court is satisfied that the defendant, with intent to obstruct or delay execution of a decree, is about to dispose of or remove his property from the Court's jurisdiction.
Under Section 60 of the Code of Civil Procedure, 1908, which of the following is exempt from attachment and sale in execution of a decree?
aThe judgment-debtor's bank deposits
bAll immovable property of the judgment-debtor
cSalary of the judgment-debtor in its entirety
dTools of artisans and necessary wearing apparel, cooking vessels and beds of the judgment-debtor
Answer: D
The proviso to Section 60(1) lists property exempt from attachment, including the necessary wearing apparel, cooking vessels, beds and bedding of the judgment-debtor and his family, and tools of artisans.
Under Order XXIII Rule 1 of the Code of Civil Procedure, 1908, where a plaintiff withdraws from a suit without the permission of the Court to institute a fresh suit, he shall
arequire the consent of the defendant to file a fresh suit
bbe entitled to institute a fresh suit at any time within limitation
cbe liable to pay double court fee in the fresh suit
dbe precluded from instituting any fresh suit in respect of the same subject-matter
Answer: D
Under Order XXIII Rule 1(4), a plaintiff who abandons a suit or part of a claim without leave of the Court to file afresh is precluded from instituting any fresh suit in respect of that subject-matter and is liable for costs.
Under Section 75 read with Order XXVI of the Code of Civil Procedure, 1908, the Court is NOT empowered to issue a commission for the purpose of
aexamining any person
bmaking a local investigation
cpronouncing the final judgment in the suit
dexamining or adjusting accounts
Answer: C
Section 75 empowers the Court to issue commissions to examine witnesses, make local investigations, examine or adjust accounts, make partition, hold investigations and sell property. It does not authorise a commissioner to pronounce judgment, which is the Court's exclusive function.
Under Order VIII Rule 6 of the Code of Civil Procedure, 1908, a defendant in a suit for the recovery of money may, in his written statement, claim
aan unliquidated claim for damages by way of set-off
ba decree for specific performance against the plaintiff
ca set-off in respect of an ascertained sum of money legally recoverable by him from the plaintiff
dthe dismissal of the suit for want of jurisdiction only
Answer: C
Order VIII Rule 6 permits a defendant in a money suit to claim a set-off for an ascertained sum of money legally recoverable from the plaintiff, provided it does not exceed the pecuniary jurisdiction of the Court. An unliquidated demand is the subject of a counter-claim, not legal set-off.
Under Section 47 of the Code of Civil Procedure, 1908, all questions arising between the parties to the suit in which the decree was passed, and relating to the execution, discharge or satisfaction of the decree, shall be determined by
athe Court which passed the decree, in every case
bthe High Court in its revisional jurisdiction
cthe Court executing the decree and not by a separate suit
da separate suit instituted for that purpose
Answer: C
Section 47 provides that questions relating to the execution, discharge or satisfaction of a decree between the parties shall be determined by the executing Court itself, and not by a separate suit, to prevent multiplicity of proceedings.
Under Order XX Rule 18 of the Code of Civil Procedure, 1908, in a suit for partition of property, where the Court passes a decree but the partition or separation cannot be conveniently made without further inquiry, the Court shall
adismiss the suit and direct the parties to file a fresh suit
brefer the matter to arbitration compulsorily
cpass a final decree at once without any inquiry
dpass a preliminary decree declaring the rights of the parties and give directions for the inquiry
Answer: D
Order XX Rule 18 provides that in partition suits, where the property cannot be conveniently partitioned at once, the Court passes a preliminary decree declaring the rights of the several parties and giving directions necessary for effecting the partition.
Under Order VIII Rule 1 of the Code of Civil Procedure, the defendant shall ordinarily present his written statement within thirty days from the date of service of summons, but the Court may, for reasons to be recorded, extend the time up to a maximum of
a120 days from the date of service of summons
b180 days from the date of service of summons
c60 days 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 permits extension of time for filing the written statement up to 90 days from the date of service of summons, with reasons recorded in writing.
An order for maintenance of wives, children and parents, on proof that a person having sufficient means neglects or refuses to maintain them, may be passed by a Magistrate of the First Class under the BNSS in terms of
aSection 144
bSection 152
cSection 145
dSection 125
Answer: A
Section 144 BNSS (corresponding to Section 125 CrPC) empowers a Magistrate of the First Class to order monthly maintenance for wives, children and parents unable to maintain themselves.
A convict under sentence of death, or his legal heir or relative, may file a mercy petition before the President under Article 72 or the Governor under Article 161. The BNSS expressly provides for the procedure relating to such mercy petitions in
aSection 401
bSection 482
cSection 472
dSection 453
Answer: C
Section 472 BNSS is a new provision laying down the procedure and time-frame for filing and disposal of a mercy petition by a convict under sentence of death.
The BNSS introduces, for the first time as an express statutory provision, the trial in absentia of a proclaimed offender who has absconded to evade trial. Such inquiry, trial or judgment in absentia is governed by
aSection 84
bSection 356
cSection 339
dSection 299
Answer: B
Section 356 BNSS is a new provision permitting inquiry, trial or judgment in absentia of a proclaimed offender, with safeguards including issuance of two warrants and a ninety-day waiting period after framing of charge.
Under the BNSS, cognizance of an offence may be taken by a Magistrate of the First Class upon a complaint of facts, upon a police report, or upon information received from any person other than a police officer, or upon his own knowledge. This power is conferred by
aSection 190
bSection 223
cSection 200
dSection 210
Answer: D
Section 210 BNSS (corresponding to Section 190 CrPC) sets out the modes by which a Magistrate may take cognizance of an offence, including a police report submitted in any mode, including electronic mode.
The report forwarded by the officer in charge of a police station to the Magistrate on completion of investigation (the charge-sheet) is, under the BNSS, filed under
aSection 176
bSection 190
cSection 193
dSection 173(2)
Answer: C
Section 193 BNSS (corresponding to Section 173 CrPC) governs the police report (charge-sheet) forwarded to the Magistrate on completion of investigation, and now permits its submission through electronic means.
Under Section 230 of the BNSS, copies of the police report and the documents accompanying it are required to be supplied to the accused and the victim within
asixty days from the filing of the charge-sheet
bseven days from the date of appearance of the accused
cthirty days from the date of taking cognizance
dfourteen days from the date of appearance of the accused
Answer: D
Section 230 BNSS mandates that copies of the police report and accompanying documents be furnished to the accused and the victim within fourteen days from the date of production or appearance of the accused.
Where information is given to a police officer relating to the commission of a cognizable offence, the obligation to register the First Information Report, including the entitlement of a victim to register it at any police station, is contained in which provision of the BNSS?
aSection 173
bSection 175
cSection 154
dSection 176
Answer: A
Section 173 BNSS governs information in cognizable cases and the registration of the FIR; it also permits electronic registration and registration irrespective of jurisdiction (Zero FIR).
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision corresponding to old Section 167 CrPC, dealing with the procedure when investigation cannot be completed in 24 hours, is
aSection 167
bSection 187
cSection 193
dSection 173
Answer: B
Section 187 of the BNSS, 2023 is the successor provision to Section 167 CrPC, governing detention of the accused in custody pending investigation. Section 193 deals with the police report and Section 173 with information in cognizable cases.
Under Section 187 of the BNSS, the maximum period of detention authorised by a Magistrate where the investigation relates to an offence punishable with imprisonment for ten years or more is
a15 days
b180 days
c60 days
d90 days
Answer: D
Under Section 187(3) BNSS, the Magistrate may authorise detention for up to 90 days where the offence is punishable with death, life imprisonment or imprisonment of not less than ten years, and 60 days for any other offence.
The concept of a 'Zero FIR', permitting registration of information irrespective of the area where the offence is committed, is now expressly recognised under which provision of the BNSS, 2023?
aSection 175
bSection 173
cSection 190
dSection 154
Answer: B
Section 173(1) of the BNSS uses the words 'irrespective of the area where the offence is committed', statutorily codifying the Zero FIR, allowing an FIR to be registered at any police station regardless of territorial jurisdiction.
Under Section 173(3) of the BNSS, for a cognizable offence punishable with three years or more but less than seven years, the officer in charge of the police station may, with prior permission, conduct a preliminary enquiry to ascertain a prima facie case within
aseven days
bthirty days
ctwenty-one days
dfourteen days
Answer: D
Section 173(3) BNSS permits the officer, on permission of an officer not below the rank of DSP, to conduct a preliminary enquiry within fourteen days for cognizable offences punishable with three to under seven years' imprisonment.
Under Section 176(3) of the BNSS, the collection of forensic evidence at the crime scene and videographing of the process by an expert is mandatory where the offence is punishable with imprisonment for
aten years or more
bthree years or more
cseven years or more
dfive years or more
Answer: C
Section 176(3) BNSS makes it mandatory for a forensic expert to visit the crime scene to collect forensic evidence, and to videograph the process, in respect of offences punishable with seven years' imprisonment or more.
Under the BNSS, 2023, the recording of a confession or statement by a Magistrate during investigation is governed by
aSection 164
bSection 183
cSection 180
dSection 161
Answer: B
Section 183 of the BNSS (corresponding to old Section 164 CrPC) governs recording of confessions and statements by a Magistrate, and now permits confessions to be recorded by audio-video electronic means.
Under Section 105 of the BNSS, the conduct of search and seizure and the preparation of the list of seized articles is required to be recorded through
aa written panchnama only
bphotographs taken by a police photographer only
caudio-video electronic means, preferably mobile phone
da report to the Superintendent of Police only
Answer: C
Section 105 BNSS mandates that search and seizure, including the list of articles seized and witness signatures, be recorded by audio-video electronic means (preferably a mobile phone), and the recording be forwarded to the Magistrate.
Petty organised crime, such as theft, snatching or cheating committed by a member of a group or gang, is a distinct offence under the Bharatiya Nyaya Sanhita, 2023 in
aSection 113
bSection 112
cSection 304
dSection 111
Answer: B
Section 112 BNS introduces petty organised crime, punishable with imprisonment not less than one year extending to seven years and fine, distinct from organised crime under Section 111.
Voluntarily causing grievous hurt by a group of five or more persons on a ground such as race, caste, community or language has been separately punished under the Bharatiya Nyaya Sanhita, 2023 in
aSection 117(4)
bSection 103(2)
cSection 326
dSection 320
Answer: A
Section 117(4) BNS is a new provision punishing grievous hurt caused by a mob of five or more persons acting on grounds such as race, caste or community; Section 117 generally deals with voluntarily causing grievous hurt.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of murder is defined in
aSection 100
bSection 101
cSection 302
dSection 103
Answer: B
Section 100 BNS defines culpable homicide and Section 101 BNS defines murder, while Section 103 prescribes the punishment for murder. The IPC numbering (300/302) no longer applies.
Under Section 137 of the Bharatiya Nyaya Sanhita, 2023, a person is kidnapped from lawful guardianship if taken away without the guardian's consent and the person is
aa child under 18 years of age (irrespective of sex) or a person of unsound mind
bany person under 21 years of age
ca male under 16 years or a female under 18 years
da male or female under 16 years of age only
Answer: A
Section 137 BNS, read with the definition of 'child' as a person below eighteen years, removes the earlier IPC Section 361 gender distinction (16 for boys, 18 for girls) and applies a uniform age of under 18.
Putting a person in fear of injury in order to dishonestly induce him to deliver any property or valuable security constitutes the offence of
arobbery under Section 309 BNS
bcheating under Section 318 BNS
cextortion under Section 308 BNS
dtheft under Section 303 BNS
Answer: C
Section 308 BNS defines extortion as intentionally putting a person in fear of injury to dishonestly induce delivery of property or valuable security; this corresponds to IPC Section 383.
To constitute the offence of dacoity under Section 310 of the Bharatiya Nyaya Sanhita, 2023, the minimum number of persons who must conjointly commit or attempt to commit robbery is
aseven or more
btwo or more
cfive or more
dthree or more
Answer: C
Section 310 BNS requires five or more persons conjointly committing or attempting robbery (including those present and aiding) for the offence of dacoity.
Nothing is an offence which is done by a child under the Bharatiya Nyaya Sanhita, 2023 if the child is
aunder fourteen years of age
bunder seven years of age (Section 20 BNS)
cunder ten years of age
dunder twelve years of age in all cases
Answer: B
Section 20 BNS grants absolute immunity to a child under seven years; maturity of understanding is irrelevant. A child above seven and under twelve falls under Section 21, which is conditional.
When two or more persons agree to do an illegal act, or a legal act by illegal means, the offence committed is
acriminal conspiracy under Section 61 BNS
brioting under Section 191 BNS
cabetment under Section 45 BNS
dunlawful assembly under Section 189 BNS
Answer: A
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; this corresponds to IPC Section 120A.
Under the Bharatiya Nyaya Sanhita, 2023, attempt to commit suicide is
anot a substantive offence, but punishable under Section 226 only when done to compel or restrain a public servant from discharging his official duty
bpunishable under Section 309 as under the IPC
cpunishable only if the attempt is repeated
dpunishable as a substantive offence in all cases
Answer: A
The general offence of attempt to suicide has been decriminalised under the BNS; Section 226 penalises it only where the intention is to compel or restrain a public servant from performing his official duty.
Dishonest misappropriation of property entrusted to a person, with dishonest conversion to his own use, constitutes
aextortion under Section 308 BNS
btheft under Section 303 BNS
ccheating under Section 318 BNS
dcriminal breach of trust under Section 316 BNS
Answer: D
Section 316 BNS deals with criminal breach of trust, where a person entrusted with property dishonestly misappropriates or converts it to his own use (corresponding to IPC Sections 405-409).
The doctrine that Parliament cannot, while amending the Constitution under Article 368, destroy its "basic structure" was propounded by the Supreme Court in
aMinerva Mills v. Union of India
bGolak Nath v. State of Punjab
cKesavananda Bharati v. State of Kerala
dA.K. Gopalan v. State of Madras
Answer: C
The basic structure doctrine was laid down in Kesavananda Bharati v. State of Kerala (1973), holding that the amending power under Article 368 cannot alter the basic structure of the Constitution.
The advisory jurisdiction by which the President may refer a question of law or fact of public importance to the Supreme Court for its opinion is provided under
aArticle 141
bArticle 143
cArticle 137
dArticle 142
Answer: B
Article 143 confers advisory jurisdiction on the Supreme Court, enabling the President to refer questions of law or fact of public importance for the Court's opinion.
A Governor may promulgate an ordinance when the Legislature of the State is not in session under
aArticle 213
bArticle 200
cArticle 123
dArticle 356
Answer: A
Article 213 empowers a Governor to promulgate ordinances during the recess of the State Legislature; Article 123 is the corresponding power of the President.
The Finance Commission, which recommends the distribution of the net proceeds of taxes between the Union and the States, is constituted under
aArticle 275
bArticle 280
cArticle 270
dArticle 263
Answer: B
Article 280 provides for the constitution of a Finance Commission by the President to recommend, inter alia, the distribution of the net proceeds of taxes between the Union and the States.
The constitutional safeguard that no person who is a member of a civil service of a State shall be dismissed or removed by an authority subordinate to that by which he was appointed is contained in
aArticle 312
bArticle 310
cArticle 309
dArticle 311
Answer: D
Article 311(1) protects civil servants by providing that no such person shall be dismissed or removed by an authority subordinate to that by which he was appointed.
The right to move the Supreme Court for the enforcement of the Fundamental Rights conferred by Part III is itself guaranteed by
aArticle 142 of the Constitution
bArticle 136 of the Constitution
cArticle 32 of the Constitution
dArticle 226 of the Constitution
Answer: C
Article 32 guarantees the right to move the Supreme Court by appropriate proceedings for the enforcement of Fundamental Rights and empowers it to issue writs; Dr. Ambedkar called it the 'heart and soul' of the Constitution.
The power of a High Court to issue directions, orders or writs for the enforcement of Fundamental Rights and for any other purpose is derived from
aArticle 227
bArticle 215
cArticle 32
dArticle 226
Answer: D
Article 226 confers on every High Court the power to issue writs not only for enforcement of Fundamental Rights but also 'for any other purpose', giving it a wider scope than Article 32.
The basic structure doctrine, limiting Parliament's power to amend the Constitution, was propounded by the Supreme Court in
aA.K. Gopalan v. State of Madras
bKesavananda Bharati v. State of Kerala
cMinerva Mills v. Union of India
dGolak Nath v. State of Punjab
Answer: B
In Kesavananda Bharati v. State of Kerala (1973) the Supreme Court held, by a 7-6 majority, that Parliament under Article 368 cannot amend the basic structure of the Constitution.
The procedure for amendment of the Constitution of India is contained in
aArticle 352
bArticle 395
cArticle 368
dArticle 370
Answer: C
Article 368 in Part XX prescribes the procedure for amendment, including amendments requiring a special majority and those additionally requiring ratification by not less than one-half of the State Legislatures.
Abolition of 'untouchability' and the forbidding of its practice in any form is provided under
aArticle 18
bArticle 17
cArticle 15
dArticle 16
Answer: B
Article 17 abolishes untouchability and forbids its practice in any form, making the enforcement of any disability arising out of it an offence punishable by law.
Expert opinion under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is relevant on a point of
athe credibility of a witness
bIndian law
cordinary household facts within common knowledge
dforeign law, science or art, or identity of handwriting or finger impressions
Answer: D
Section 39 of the BSA makes the opinion of specially skilled persons relevant on points of foreign law, science or art, and identity of handwriting or finger impressions.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a dying declaration is made admissible as relevant evidence by
aSection 26(a)
bSection 23
cSection 54
dSection 124
Answer: A
Section 26(a) of the BSA renders relevant a statement by a person, since dead, as to the cause of his death or the circumstances of the transaction which resulted in his death.
A confession which is irrelevant by reason of inducement, threat, coercion or promise becomes relevant under the first proviso to Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) if
ait is corroborated by recovery
bthe accused pleads guilty
cit is repeated before a Magistrate
dthe impression caused by such inducement, threat, coercion or promise is, in the court's opinion, fully removed
Answer: D
The first proviso to Section 22 of the BSA provides that a confession otherwise hit by Section 22 becomes relevant once the impression caused by the inducement, threat, coercion or promise is, in the court's opinion, fully removed.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the burden of proving that the case of an accused falls within a General Exception of the Bharatiya Nyaya Sanhita lies
aon the prosecution throughout
bon the accused, the court presuming absence of such circumstances
con the court
don neither party
Answer: B
Section 108 of the BSA places the burden of proving the existence of circumstances bringing the case within an exception on the accused, and the court shall presume the absence of such circumstances.
Under Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), Illustration (g), the court may presume that evidence which could be and is not produced would, if produced
abe favourable to the person withholding it
bbe unfavourable to the person who withholds it
cbe inadmissible
dhave no bearing on the case
Answer: B
Illustration (g) to Section 119 of the BSA allows the court to presume that evidence which could be and is not produced would, if produced, be unfavourable to the party who withholds it.
Who, among the following, is competent to testify under Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aOnly literate persons
bOnly persons not interested in the result
cOnly persons above eighteen years of age
dAll persons, unless the court considers them prevented from understanding the questions or giving rational answers by tender years, extreme old age, disease or the like
Answer: D
Section 124 of the BSA makes all persons competent to testify unless prevented from understanding the questions or giving rational answers by tender years, extreme old age, disease of mind or body, or any like cause.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the rule that an accomplice is a competent witness against an accused person is contained in
aSection 118
bSection 148
cSection 138
dSection 160
Answer: C
Section 138 of the BSA declares that an accomplice shall be a competent witness against an accused person, the corresponding caution being reflected in Illustration (b) to Section 119.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when the question is whether any person did any act, the existence of any intention, knowledge, good faith, negligence, ill-will or motive towards a particular person is
aadmissible only as opinion evidence
brelevant under Section 12
cconclusive proof of the act
dirrelevant
Answer: B
Section 12 of the BSA makes relevant facts showing the existence of any state of mind such as intention, knowledge, good faith, negligence or ill-will when such state of mind is in issue or relevant (corresponding to the repealed Section 14 of the Indian Evidence Act, 1872).
If the day before yesterday was Thursday, then what day will it be on the day after tomorrow?
aWednesday
bSunday
cTuesday
dMonday
Answer: D
If the day before yesterday was Thursday, then today is Saturday; the day after tomorrow is therefore Monday.
Q67General Knowledge / Reasoning
Who took oath as the Chief Justice of the High Court of Karnataka in July 2025?
aJustice Nilay Anjaria
bJustice Prasanna B. Varale
cJustice P. S. Dinesh Kumar
dJustice Vibhu Bakhru
Answer: D
Justice Vibhu Bakhru, formerly of the Delhi High Court, took oath as Chief Justice of the High Court of Karnataka on 19 July 2025, administered by the Governor at Raj Bhavan, Bengaluru.
Who was sworn in as the 53rd Chief Justice of India in November 2025?
aJustice Sanjiv Khanna
bJustice D. Y. Chandrachud
cJustice B. R. Gavai
dJustice Surya Kant
Answer: D
Justice Surya Kant was sworn in as the 53rd Chief Justice of India on 24 November 2025, succeeding Justice B. R. Gavai who retired on 23 November 2025.
If in a certain code language 'COURT' is written as 'DPVSU', then how is 'JUDGE' written in the same code?
aKVEHF
bKVFHF
cIVEHF
dKWEHF
Answer: A
Each letter is shifted one position forward in the alphabet (C->D, O->P, etc.). Applying the same to JUDGE gives K, V, E, H, F = KVEHF.
Q72General Knowledge / Reasoning
A is the brother of B. C is the mother of A. D is the father of C. How is B related to D?
aGrandson or Granddaughter
bFather
cDaughter
dGrandfather
Answer: A
C is the mother of A and B (since A and B are siblings), and D is C's father, hence D's grandchild. B is therefore the grandson or granddaughter of D.
Q73General Knowledge / Reasoning
If the day before yesterday was Thursday, what day will it be the day after tomorrow?
aMonday
bSunday
cWednesday
dTuesday
Answer: A
If the day before yesterday was Thursday, today is Saturday; the day after tomorrow is two days later, i.e., Monday.
Q74Transfer of Property Act
The doctrine of part performance under Section 53A of the Transfer of Property Act
ais available only as a defence to protect the possession of the transferee
bdispenses with the need for a written contract of transfer
capplies equally to movable and immovable property
dconfers a right of active title on the transferee to recover the property
Answer: A
Section 53A creates a passive equity available only to the transferee in possession to defend his possession; it is a shield and not a sword, and requires a written contract.
The doctrine of election under the Transfer of Property Act is dealt with in
aSection 25
bSection 35
cSection 53
dSection 43
Answer: B
Section 35 provides that where a person professes to transfer property he has no right to transfer, and as part of the same transaction confers a benefit on the owner of that property, the owner must elect either to confirm the transfer or to dissent from it.
The rule against perpetuity under Section 14 of the Transfer of Property Act permits a transfer to take effect after the lifetime of one or more living persons and
athe lifetime of any number of unborn persons
bthe minority of a person in existence at the expiration of that period
ca fixed period of eighteen years thereafter in all cases
da perpetual period if the property is dedicated to charity
Answer: B
Section 14 prohibits creating an interest that is to take effect after the lifetime of living persons plus the minority of some person in existence at the expiration of that period.
A gift of immovable property under the Transfer of Property Act
amust be effected by a registered instrument signed by the donor and attested by at least two witnesses
brequires registration only if the property exceeds rupees one hundred in value
ccan be made orally if accompanied by delivery of possession
dis complete on mere acceptance even without writing
Answer: A
Under Section 123, a gift of immovable property must be effected by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses.
If the donee dies before acceptance of the gift, the gift is
avoidable at the option of the donor
birregular but capable of ratification
cvoid
dvalid and passes to the donee's heirs
Answer: C
Under Section 122, acceptance must be made during the lifetime of the donor and while he is capable of giving; if the donee dies before acceptance, the gift is void.
Where a gift is in the form of two or more separate and independent transfers to the same person of several things, of which one is onerous, the donee
amust accept all the transfers or none
bcan take nothing unless he accepts the onerous one first
cmust obtain the court's leave to refuse the onerous one
dis at liberty to accept the beneficial one and refuse the onerous one
Answer: D
Section 127 provides that where the gift consists of separate and independent transfers, the donee may accept one and refuse the others; the obligation to take the burden with the benefit applies only to a single transfer of several things.
Under Section 107 of the Transfer of Property Act, a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only
aby an instrument in writing whether registered or not
bby a registered instrument
cby an oral agreement accompanied by delivery of possession
dby delivery of possession without any writing
Answer: B
Section 107 requires that a lease from year to year, or exceeding one year, or reserving a yearly rent, be made only by a registered instrument; all other leases may be by registered instrument or oral agreement with delivery of possession.
Where the necessaries suited to his condition in life are supplied to a minor, the supplier under Section 68 is entitled to
asue the minor's guardian in his personal capacity
bbe reimbursed from the property of the minor
crecover the price personally from the minor
dnothing, as a minor's agreement is void
Answer: B
Section 68 creates a quasi-contractual obligation: the supplier of necessaries to a person incapable of contracting is reimbursed only out of that person's property, not personally.
A contract to do an act which after the contract is made becomes impossible, by reason of some event which the promisor could not prevent, becomes under Section 56
avoid when the act becomes impossible
bvalid but the time for performance is extended
cvoidable at the option of the promisee
denforceable with payment of damages
Answer: A
The second paragraph of Section 56 embodies the doctrine of frustration: supervening impossibility or illegality renders the contract void when the act becomes impossible or unlawful.
When an agreement is discovered to be void, any person who has received an advantage under it is bound under Section 65 to
aretain it, the agreement being void ab initio
bforfeit it to the State
cpay damages for breach
drestore it, or make compensation for it, to the person from whom he received it
Answer: D
Section 65 obliges a person who has received any advantage under an agreement discovered to be void, or a contract that becomes void, to restore it or compensate the person from whom it was received.
A 'contract of indemnity' under Section 124 of the Indian Contract Act is a contract by which one party promises to save the other from loss caused
aonly by the conduct of the promisor himself
bby the conduct of a third person only
cby any natural calamity
dby the conduct of the promisor himself or of any other person
Answer: D
Section 124 defines a contract of indemnity as one to save the promisee from loss caused by the conduct of the promisor himself or of any other person.
In a contract of guarantee under Section 126 of the Indian Contract Act, the person who gives the guarantee is called the
acreditor
bsurety
cprincipal debtor
dindemnifier
Answer: B
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 it is given is the 'creditor'.
The liability of the surety under Section 128 of the Indian Contract Act, unless otherwise provided by the contract, is
asecondary and arises only after the creditor exhausts remedies against the principal debtor
bconditional on the principal debtor's insolvency
cco-extensive with that of the principal debtor
dlimited to half the debt
Answer: C
Section 128 declares the surety's liability to be co-extensive with that of the principal debtor unless the contract otherwise provides; the creditor need not first proceed against the principal debtor.
A person entitled to the possession of specific immovable property may, under Section 5 of the Specific Relief Act, 1963, recover it
ain the manner provided by the Code of Civil Procedure, 1908
bby taking forcible possession himself within six months
conly by an application to the Collector of the district
dby a summary suit before the High Court alone
Answer: A
Section 5 provides that a person entitled to possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908, i.e., a title-based suit.
Under Section 6 of the Specific Relief Act, 1963, a suit by a person dispossessed of immovable property otherwise than in due course of law must be brought within
athree years from the date of dispossession
bsix months from the date of dispossession
cone year from the date of dispossession
dtwelve years from the date of dispossession
Answer: B
Section 6(2)(a) bars a suit instituted after the expiry of six months from the date of dispossession.
After the Specific Relief (Amendment) Act, 2018, specific performance of a contract under Section 10
ais available only in suits relating to immovable property
bshall be enforced by the court subject to Sections 11(2), 14 and 16
ccan never be granted where damages are an alternative
dremains in the discretion of the court
Answer: B
The 2018 amendment substituted Section 10 so that specific performance 'shall be enforced' subject to Sections 11(2), 14 and 16, removing the earlier judicial discretion.
Under the Specific Relief Act, 1963 as amended in 2018, which of the following contracts cannot be specifically enforced?
aA contract for the transfer of a unique chattel
bA contract for the sale of immovable property
cA contract whose performance involves the continuous performance of a duty which the court cannot supervise
dA contract to execute a registered mortgage deed
Answer: C
Section 14(d), as substituted in 2018, bars specific enforcement of a contract involving the performance of a continuous duty which the court cannot supervise.
Section 20A of the Specific Relief Act, 1963, inserted by the 2018 amendment, provides that in a suit relating to a contract concerning an infrastructure project specified in the Schedule, the court
amay award only nominal damages
bshall always grant specific performance
cmust refer the dispute to arbitration
dshall not grant an injunction where it would cause impediment or delay in the progress or completion of the project
Answer: D
Section 20A bars an injunction in suits involving contracts relating to specified infrastructure projects where it would impede or delay the project's progress or completion.
Under Section 143A of the Negotiable Instruments Act, 1881, the interim compensation that the court may direct the drawer to pay during the pendency of a complaint under Section 138 shall not exceed
aten per cent of the amount of the cheque
bfifty per cent of the amount of the cheque
ctwenty per cent of the amount of the cheque
dthe full amount of the cheque
Answer: C
Section 143A (inserted by the 2018 Amendment) empowers the court to direct the drawer to pay interim compensation not exceeding twenty per cent of the amount of the cheque, payable within sixty days of the order.
Every offence punishable under the Negotiable Instruments Act, 1881 is, notwithstanding anything in the Code of Criminal Procedure,
atriable exclusively by a Court of Session
bcompoundable only with the prior sanction of the State Government
ccompoundable
dnon-compoundable
Answer: C
Section 147 (inserted by the 2002 Amendment) provides that notwithstanding anything in the Code of Criminal Procedure, every offence punishable under the Act shall be compoundable, enabling settlement between the parties.
Under Section 4 of the Negotiable Instruments Act, a promissory note
amust always be payable to bearer
bmay contain a conditional undertaking to pay
cis an instrument in writing, not being a bank note or currency note, containing an unconditional undertaking to pay
dincludes a bank note and a currency note
Answer: C
Section 4 defines a promissory note as an instrument in writing (not being a bank-note or currency-note) containing an unconditional undertaking, signed by the maker, to pay a certain sum of money. A conditional undertaking is fatal.
After the 2002 amendment, the expression 'cheque' under Section 6 of the Negotiable Instruments Act includes
athe electronic image of a truncated cheque and a cheque in the electronic form
ba demand draft issued by a bank
ca bill of exchange payable after sight only
da hundi drawn in vernacular
Answer: A
Section 6 defines a cheque as a bill of exchange drawn on a specified banker and payable on demand, and the Explanation expressly includes the electronic image of a truncated cheque and a cheque in the electronic form.
Under the definition of 'Court' in Section 3(c) of the Karnataka Rent Act, 1999, in respect of the area comprised within the limits of the City of Bangalore, the 'Court' means
athe Court of Small Causes
bthe Court of the District Judge
cthe Court of the Civil Judge (Junior Division)
dthe Court of the Rent Controller
Answer: A
Section 3(c)(i) defines 'Court' for the City of Bangalore as the Court of Small Causes; for notified areas it is the Civil Judge (Senior Division), and elsewhere the Civil Judge (Junior Division).
Under Section 3(n) of the Karnataka Rent Act, 1999, the definition of 'tenant' includes
aa licensee to whom a licence under Section 52 of the Indian Easements Act, 1882 has been granted
ba sub-tenant and a person continuing in possession after the termination of his tenancy
ca trespasser who has been in occupation for more than twelve years
donly the person who originally executed the lease deed
Answer: B
Section 3(n) expressly includes within 'tenant' a sub-tenant and any person continuing in possession after termination of his tenancy, but excludes a licensee under Section 52 of the Indian Easements Act, 1882.
Under Section 27(2)(c) of the Karnataka Rent Act, 1999, before applying for eviction on the ground of misuse of premises, the landlord must give the tenant notice and the tenant must have failed to stop the misuse within
afifteen days of the date of service of the notice
bone month of the date of service of the notice
ctwo months of the date of service of the notice
dthree months of the date of service of the notice
Answer: B
The proviso to Section 27(2)(c) requires a registered notice requiring the tenant to stop the misuse; eviction lies only if the tenant fails to comply within one month of service and the misuse amounts to a public nuisance or damages the landlord's interest.
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