Kerala Judiciary Mock Test 6 — Questions & Solutions
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A woman alleged to have been subjected to rape is to be medically examined. Under Section 184 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the registered medical practitioner shall forward the report of the examination to the investigating officer within -
athree days.
btwenty-four hours.
cseven days.
dfifteen days.
Answer: C
Section 184 BNSS requires the registered medical practitioner who examines the victim of rape to forward the report, without delay, within seven days to the investigating officer, who forwards it to the Magistrate referred to in Section 193.
A police officer makes an arrest in connection with an offence punishable with imprisonment which may extend up to seven years. As regards the requirement of notice of appearance instead of arrest, the relevant provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 is -
aSection 41.
bSection 47.
cSection 35.
dSection 58.
Answer: C
Section 35 BNSS governs arrest without warrant; sub-section (3) requires a notice of appearance (instead of arrest) for offences punishable with imprisonment up to seven years, and the officer must record reasons in writing where arrest is not made.
In a case where investigation relates to an offence of rape punishable under the Bharatiya Nyaya Sanhita, 2023, the investigation shall, as per Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, be completed within -
atwo months from the date on which the information was recorded.
bninety days from the date of arrest of the accused.
cthree months from the date of registration of the FIR.
dsix months from the date of the offence.
Answer: A
Section 193(3) BNSS requires that, for rape and related offences (and certain POCSO offences), the investigation be completed within two months from the date on which the information was recorded by the officer in charge of the police station.
After the recording of a confession or statement, a Magistrate proposing to forward an accused for further detention beyond fifteen days. Which of the following statements regarding default bail under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is INCORRECT?
aThe detention period during investigation is sixty days where the offence is not punishable with death, life imprisonment or imprisonment for ten years or more.
bThe total period of detention pending investigation may in every case be extended up to one hundred and eighty days at the discretion of the Magistrate.
cOn expiry of the prescribed period, the accused is entitled to be released on bail if he is prepared to and does furnish bail.
dAn accused released on default bail shall be deemed to be released under the provisions of the Chapter relating to bail.
Answer: B
Under Section 187 BNSS the maximum detention pending investigation is ninety days (for grave offences) or sixty days (for others); there is no provision permitting a uniform extension up to one hundred and eighty days, hence statement (c) is incorrect.
A convict under sentence of death wishes to make a mercy petition to the Governor or the President. The procedure and timelines relating to such a petition are now expressly provided under the Bharatiya Nagarik Suraksha Sanhita, 2023 in -
aSection 480.
bSection 458.
cSection 472.
dSection 453.
Answer: C
Section 472 BNSS expressly provides, for the first time in the procedural code, the procedure and timelines for a mercy petition by a convict under sentence of death to the Governor under Article 161 and the President under Article 72.
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, information relating to the commission of a cognizable offence may be given to the officer in charge of a police station -
airrespective of the area where the offence is committed, thereby recognising the registration of a 'Zero FIR'.
bonly at the police station within whose local jurisdiction the offence is committed.
conly after obtaining the prior permission of the jurisdictional Magistrate.
donly where the offence is punishable with imprisonment for three years or more.
Answer: A
Section 173(1) BNSS uses the words 'irrespective of the area where the offence is committed', statutorily codifying the concept of a Zero FIR so that information may be recorded at any police station. The provision applies to cognizable offences generally.
Where information relating to a cognizable offence that is punishable for three years or more but less than seven years is received, the officer in charge of the police station may, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry under Section 173(3) BNSS to ascertain a prima facie case. Within what period must such preliminary enquiry be conducted?
aWithin twenty-one days.
bWithin fourteen days.
cWithin thirty days.
dWithin seven days.
Answer: B
Section 173(3) BNSS permits a preliminary enquiry, with prior approval of an officer not below the rank of DSP, to be conducted within fourteen days for cognizable offences punishable with three years or more but less than seven years.
A person is accused of a cognizable offence punishable with imprisonment which may extend to five years. Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, requires the police officer, where arrest is not required, to -
aissue a notice directing the person to appear before him or at such place as specified.
brelease the person only on furnishing a bond with two sureties.
cobtain the written permission of the Superintendent of Police before proceeding.
dproduce the person before the nearest Magistrate within twenty-four hours.
Answer: A
Section 35(3) BNSS provides that for an offence punishable with imprisonment up to seven years (where arrest is not warranted), the officer shall issue a notice to appear; arrest is the exception, notice the rule.
Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, prohibits the arrest of a person who is infirm or above sixty years of age, in respect of an offence punishable with imprisonment for less than three years, except -
awith the prior permission of the jurisdictional Judicial Magistrate of the first class.
bwith the prior permission of an officer not below the rank of Deputy Superintendent of Police.
cwith the prior permission of the Superintendent of Police.
dwithout any prior permission, as the safeguard does not apply to cognizable offences.
Answer: B
Under the proviso to Section 35(7) BNSS, no arrest of an infirm person or a person above sixty years, for an offence punishable with less than three years, shall be made without the prior permission of an officer not below the rank of Deputy Superintendent of Police.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum aggregate period of detention in police custody that a Magistrate may authorise for an accused person is -
athirty days in the whole.
bseven days.
cfifteen days, which may be sought in whole or in parts within the initial forty or sixty days of investigation.
dten days.
Answer: C
Section 187 BNSS caps police custody at fifteen days in the whole, but unlike the CrPC it permits this to be availed in parts during the initial forty days (offences up to ten years) or sixty days (graver offences) of investigation.
In a case triable as a warrant case where the investigation relates to an offence punishable with imprisonment for a term not less than ten years, the accused acquires an indefeasible right to default bail under Section 187(3) BNSS if the investigation is not completed within -
asixty days from the date of arrest.
bninety days from the date of arrest.
cseventy-five days from the date of arrest.
done hundred and eighty days from the date of arrest.
Answer: B
Section 187(3) BNSS retains the 90-day default-bail period for offences punishable with death, imprisonment for life, or imprisonment for not less than ten years; sixty days applies to all other offences.
Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, introduces a new requirement that the conduct of a search and seizure, including the preparation and signing of the list of things seized, shall be -
aattested by at least two independent witnesses of the locality only.
breported to the State Government within forty-eight hours.
ccarried out only after obtaining a search warrant from the District Magistrate.
drecorded through audio-video electronic means, preferably mobile phone.
Answer: D
Section 105 BNSS mandates that the process of search and seizure be recorded through audio-video electronic means (preferably mobile phone), and the recording be forwarded without delay to the District/Sub-divisional/Judicial Magistrate of the first class.
Under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023, before a Magistrate takes cognizance of an offence upon a complaint, the new proviso requires that -
athe complainant deposit security for the costs of the accused.
bthe Magistrate refer the complaint to the police for investigation.
cthe complaint be supported by an affidavit of the complainant.
dthe accused be given an opportunity of being heard.
Answer: D
The first proviso to Section 223(1) BNSS provides that no cognizance of an offence on a complaint shall be taken without giving the accused an opportunity of being heard, a fresh safeguard absent in the CrPC.
Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, introduces a procedure unknown to the old Code. It permits inquiry, trial or judgment -
aby an Executive Magistrate in summons cases.
bin the absence of the Public Prosecutor where he fails to appear.
cin absentia of a proclaimed offender who has absconded to evade trial.
dsolely on the basis of the police report without examination of witnesses.
Answer: C
Section 356 BNSS is a new provision allowing a trial in absentia of a proclaimed offender who has absconded, subject to safeguards such as issuance of warrants and newspaper publication before the trial proceeds.
Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, deals with the maximum period of detention of an undertrial prisoner. For a person who is a first-time offender (never previously convicted), the Court shall release him on bond if he has undergone detention for a period extending up to -
aone-fourth of the maximum period of imprisonment specified for the offence.
bone-half of the maximum period of imprisonment specified for the offence.
cone-third of the maximum period of imprisonment specified for the offence.
dthe full maximum period of imprisonment specified for the offence.
Answer: C
The first proviso to Section 479(1) BNSS provides that a first-time offender shall be released on bond on undergoing detention up to one-third of the maximum sentence; the general rule for others is one-half.
An application for anticipatory bail, that is, a direction for release on bail in the event of arrest on an accusation of having committed a non-bailable offence, lies under the Bharatiya Nagarik Suraksha Sanhita, 2023, before -
athe Court of Session only.
bthe High Court only.
cthe Judicial Magistrate of the first class or the Court of Session.
dthe High Court or the Court of Session.
Answer: D
Section 482 BNSS (corresponding to Section 438 CrPC) empowers the High Court or the Court of Session to grant anticipatory bail to a person apprehending arrest for a non-bailable offence.
Where a court, after framing issues, is of the opinion that there exist elements of a settlement acceptable to the parties, the provision enabling it to formulate the terms and refer the dispute to arbitration, conciliation, judicial settlement including Lok Adalat, or mediation, is -
aSection 80 CPC.
bSection 11 of the Arbitration and Conciliation Act, 1996.
cOrder 23 Rule 3 CPC.
dSection 89 CPC.
Answer: D
Section 89 CPC empowers the court, where it appears that there exist elements of a settlement, to refer the dispute to arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation.
In execution of a decree, immovable property is sold by public auction. A person claiming an interest in the property applies under Order 21 Rule 89 CPC to set aside the sale. The deposit he must make in court includes -
aten per cent of the decretal amount only.
bthe entire purchase-money plus interest at twelve per cent.
cfive per cent of the purchase-money for payment to the purchaser, together with the amount specified in the proclamation of sale (less any amount received by the decree-holder).
donly the amount specified in the proclamation of sale, nothing being payable to the purchaser.
Answer: C
Order 21 Rule 89 CPC requires deposit of (a) a sum equal to five per cent of the purchase-money payable to the purchaser, and (b) the amount specified in the proclamation of sale less any sum received by the decree-holder, the limitation under Rule 92(2) being sixty days.
Which of the following statements regarding the jurisdiction of civil courts under Section 9 CPC is untrue?
aA civil court has no jurisdiction to try a suit of a civil nature unless such jurisdiction is expressly conferred by statute.
bCourts shall (subject to the provisions in the Code) have jurisdiction to try all suits of a civil nature excepting those of which their cognizance is expressly or impliedly barred.
cA suit in which the right to property or to an office is contested is a suit of a civil nature notwithstanding that the right may depend entirely on religious rites.
dExclusion of the jurisdiction of civil courts is not to be readily inferred and must be either explicitly expressed or clearly implied.
Answer: A
Section 9 CPC confers general jurisdiction on civil courts to try all suits of a civil nature except those expressly or impliedly barred; jurisdiction is the rule and exclusion the exception, so statement (a) inverting this is untrue.
A defendant is served with summons of a suit (not being a commercial suit). Under Order 8 Rule 1 CPC, the period within which he is ordinarily to present his written statement, and the outer limit to which the court may extend it for recorded reasons, are respectively -
athirty days, extendable up to ninety days from the date of service of summons.
bfifteen days, extendable up to thirty days.
csixty days, extendable up to one hundred and twenty days.
dninety days, with no power of extension.
Answer: A
Order 8 Rule 1 CPC fixes thirty days for filing the written statement, extendable by the court (for recorded reasons) up to ninety days from the date of service of summons; in ordinary (non-commercial) suits this outer limit has been held directory.
An application under Order 9 Rule 13 CPC to set aside an ex parte decree is, as a rule, governed by which period of limitation under Article 123 of the Limitation Act, 1963?
aThirty days from the date of the decree, or where summons was not duly served, from when the applicant had knowledge of the decree.
bNinety days from the date of the decree in every case.
cSixty days from the date of knowledge in every case.
dThree years from the date of the decree.
Answer: A
Article 123 of the Limitation Act prescribes thirty days for an application under Order 9 Rule 13 CPC, running from the date of the decree, or where the summons was not duly served, from when the applicant had knowledge of the decree.
A plaintiff intends to institute a suit against the State Government in respect of an act done by a public officer in his official capacity. Under Section 80 of the Code of Civil Procedure, 1908, the suit shall not be instituted until the expiration of -
athree months next after notice in writing has been delivered.
btwo months next after notice in writing has been delivered.
csix months next after notice in writing has been delivered.
done month next after notice in writing has been delivered.
Answer: B
Section 80(1) CPC bars institution of a suit against the Government or a public officer acting in official capacity until the expiry of two months next after a written notice has been delivered.
Under Order 8 Rule 1 of the Code of Civil Procedure, 1908, where a defendant fails to file the written statement within thirty days, the Court may allow him to file it on a later day, recording reasons in writing, but not later than -
asixty days from the date of service of summons.
bone hundred and twenty days from the date of service of summons.
cthirty days from the date of the first hearing.
dninety days from the date of service of summons.
Answer: D
Under Order 8 Rule 1 CPC, the written statement must ordinarily be filed within thirty days, extendable for recorded reasons but in no case later than ninety days from the date of service of summons.
A second appeal under Section 100 of the Code of Civil Procedure, 1908 to the High Court from an appellate decree lies only -
awhere the valuation of the suit exceeds rupees one lakh.
bwhere the High Court is satisfied that the case involves a substantial question of law.
cwhere the question involved is one of fact and law mixed together.
das a matter of right against every appellate decree.
Answer: B
Section 100 CPC permits a second appeal only where the High Court is satisfied that the case involves a substantial question of law, which must be formulated.
Where an appeal from an appellate decree has been heard and decided by a single Judge of a High Court, the position under Section 100A CPC is that -
aa further appeal lies directly to the Supreme Court.
bno further appeal shall lie from the judgment of such single Judge, notwithstanding anything in the Letters Patent.
ca Letters Patent Appeal lies to a Division Bench of the same High Court.
da further appeal lies only with the certificate of the single Judge.
Answer: B
Section 100A CPC, notwithstanding anything in the Letters Patent, bars any further intra-court appeal where an appeal from an appellate decree or order has been heard and decided by a single Judge of the High Court.
An application under Order 9 Rule 13 CPC to set aside an ex parte decree was dismissed. The aggrieved defendant's correct remedy is to -
afile a revision under Section 115 CPC.
bfile a fresh suit to set aside the decree.
cfile a review under Order 47 Rule 1 CPC.
dfile a miscellaneous appeal under Order 43 Rule 1(d) CPC.
Answer: D
An order dismissing an application under Order 9 Rule 13 is appealable under Order 43 Rule 1(d) CPC; a revision under Section 115 is not maintainable when an appeal lies.
Where immovable property has been sold in execution of a decree, a person claiming an interest may apply under Order 21 Rule 89 CPC to set aside the sale on depositing, for payment to the auction-purchaser, a sum equal to -
afive per cent of the purchase-money.
btwo per cent of the purchase-money.
cten per cent of the purchase-money.
dfifteen per cent of the purchase-money.
Answer: A
Under Order 21 Rule 89 CPC the applicant must deposit, for the purchaser, a sum equal to five per cent of the purchase-money, besides the amount specified in the proclamation for payment to the decree-holder.
Section 89 of the Code of Civil Procedure, 1908 empowers the Court to refer a dispute for settlement. Which of the following is NOT one of the modes of settlement specified in Section 89?
aJudicial settlement including settlement through Lok Adalat
bConciliation
cArbitration
dReference to a panel of advocates for adjudication
Answer: D
Section 89 CPC lists arbitration, conciliation, judicial settlement (including Lok Adalat) and mediation as the modes of out-of-court settlement; reference to an advocates' panel for adjudication is not among them.
A suit for recovery of immovable property and for the partition of immovable property must, under Section 16 of the Code of Civil Procedure, 1908, ordinarily be instituted in the Court within the local limits of whose jurisdiction -
athe cause of action wholly or in part arises.
bthe property is situate.
cthe defendant actually and voluntarily resides.
dthe plaintiff carries on business.
Answer: B
Section 16 CPC requires suits for recovery, partition, foreclosure, sale or redemption of, or determination of any right to, immovable property to be instituted where the property is situate.
The general power of transfer and withdrawal of suits, appeals or other proceedings under Section 24 of the Code of Civil Procedure, 1908 is exercisable by -
athe State Government.
bthe Court of the Munsiff.
cthe High Court or the District Court.
dthe Supreme Court alone.
Answer: C
Section 24 CPC vests the general power to transfer or withdraw any suit, appeal or other proceeding, at any stage and even suo motu, in the High Court or the District Court.
A husband or his relative who subjects a woman to cruelty likely to drive her to suicide or to cause grave injury, or harasses her to coerce an unlawful demand for property, commits an offence punishable under -
aSection 80 BNS.
bSection 498A BNS.
cSection 84 BNS.
dSection 85 BNS.
Answer: D
Section 85 BNS punishes cruelty by a husband or his relative (imprisonment up to three years and fine); the meaning of 'cruelty' is given in Section 86 BNS.
Which one of the following is NOT designated as 'grievous hurt' under Section 116 of the BNS, 2023?
aFracture or dislocation of a bone or tooth.
bPermanent privation of the sight of either eye.
cEmasculation.
dAny hurt which causes the sufferer to be in severe bodily pain during the space of ten days.
Answer: D
Section 116 BNS requires severe bodily pain, or inability to follow ordinary pursuits, for at least fifteen days (not ten) for the residuary clause; the other three are expressly enumerated kinds of grievous hurt.
Theft is 'snatching' if, in order to commit theft, the offender suddenly or quickly or forcibly seizes or grabs movable property from a person or his possession. This newly created offence appears in -
aSection 304 BNS.
bSection 379 BNS.
cSection 309 BNS.
dSection 303 BNS.
Answer: A
Section 304 BNS introduces snatching as a distinct offence; ordinary theft is defined in Section 303 BNS and robbery in Section 309 BNS.
Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property, commits cheating, the general provision for which under the BNS, 2023 is -
aSection 319 BNS.
bSection 420 BNS.
cSection 316 BNS.
dSection 318 BNS.
Answer: D
Cheating is defined and punished under Section 318 BNS, which consolidates the earlier IPC Sections 417, 418 and 420 (cheating by personation is separately under Section 319 BNS).
A man who, by deceitful means or by making a false promise to marry, has sexual intercourse with a woman, such act not amounting to rape, is liable under the newly introduced -
aSection 69 BNS.
bSection 375 BNS.
cSection 64 BNS.
dSection 63 BNS.
Answer: A
Section 69 BNS is a new offence punishing sexual intercourse obtained by deceitful means or a false promise of marriage (imprisonment up to ten years and fine); rape is defined in Section 63 and punished in Section 64 BNS.
Whoever drives any vehicle, or rides, on any public way so rashly or negligently as to endanger human life or to be likely to cause hurt to another, commits an offence under -
aSection 279 BNS.
bSection 125 BNS.
cSection 106 BNS.
dSection 281 BNS.
Answer: D
Section 281 BNS penalises rash driving or riding on a public way (imprisonment up to six months, or fine up to one thousand rupees, or both); it replaced Section 279 IPC.
Whoever, to the annoyance of others, does any obscene act in any public place, or sings or recites any obscene song near a public place, is punishable under -
aSection 298 BNS.
bSection 296 BNS.
cSection 270 BNS.
dSection 294 BNS.
Answer: B
Obscene acts and songs are dealt with under Section 296 BNS (imprisonment up to three months, or fine up to one thousand rupees, or both); this replaced Section 294 IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'snatching' - introduced as a distinct offence for the first time - is dealt with under -
aSection 304
bSection 303
cSection 310
dSection 309
Answer: A
Section 304 BNS defines and punishes snatching as a new, distinct form of theft where the offender suddenly or quickly seizes or grabs movable property; theft simpliciter is dealt with under Section 303.
Whoever, by deceitful means or by making a promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such intercourse not amounting to rape, commits an offence punishable under -
aSection 75 BNS
bSection 69 BNS
cSection 64 BNS
dSection 63 BNS
Answer: B
Section 69 BNS is a newly created offence punishing sexual intercourse obtained by deceitful means (including false promise of marriage, employment or promotion, or suppressing identity), with imprisonment up to ten years and fine.
For an offence of kidnapping from lawful guardianship under Section 137(1)(a) of the Bharatiya Nyaya Sanhita, 2023, the child taken or enticed out of the keeping of the lawful guardian must be -
aunder eighteen years of age, irrespective of sex
bunder sixteen years of age in case of a male and under eighteen years in case of a female
cunder fourteen years of age, irrespective of sex
dunder twelve years of age in case of a male and under sixteen years in case of a female
Answer: A
Under Section 137(1)(a) BNS, kidnapping from lawful guardianship covers taking or enticing any 'child' (defined as a person below eighteen years) or a person of unsound mind, doing away with the earlier gendered age distinction under the IPC.
When five or more persons conjointly commit or attempt to commit a robbery, the offence committed is -
aextortion under Section 308 BNS
brioting under Section 191 BNS
cdacoity under Section 310 BNS
drobbery under Section 309 BNS
Answer: C
Section 310 BNS defines dacoity: where five or more persons conjointly commit or attempt a robbery, or the persons committing and aiding total five or more, each is said to commit dacoity.
A is accused of murder. While in the custody of a police officer, A states: "I have buried the knife behind my house", and in consequence the knife is recovered from that spot. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), how much of A's statement is admissible?
aThe entire statement, since it led to recovery.
bSo much of the information as relates distinctly to the fact (the knife) thereby discovered, under the proviso to Section 23(2).
cOnly the words "I have buried the knife", but not the place of recovery.
dNothing, as it is a confession to a police officer barred by Section 23(1).
Answer: B
The proviso to Section 23(2) BSA (carrying forward the old Section 27) provides that when a fact is discovered in consequence of information from an accused in police custody, so much of that information as relates distinctly to the fact discovered may be proved, whether it amounts to a confession or not.
Under Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession made by a person while in the custody of a police officer may be proved against him only if it is made -
aafter a warning is administered by the police officer.
bin writing and signed by the accused.
cin the immediate presence of a Magistrate.
din the presence of two independent witnesses.
Answer: C
Section 23(2) BSA bars proof of a confession made in police custody against the maker unless it is made in the immediate presence of a Magistrate, the magisterial presence being treated as a safeguard against coercion.
Under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a statement made by a person as to the cause of his death or the circumstances of the transaction resulting in his death (dying declaration) is relevant -
awhether or not the maker was under expectation of death, and whatever the nature of the proceeding in which the cause of his death comes into question.
bonly if the maker was under expectation of death when it was made.
conly in a trial for murder or culpable homicide of the declarant.
donly if reduced to writing and attested by a Magistrate.
Answer: A
Unlike English law, Section 26(a) BSA makes the dying declaration relevant whether or not the declarant was under expectation of death, and in any proceeding in which the cause of his death is in question.
When a court has to form an opinion upon a point of foreign law, science or art, or as to identity of handwriting or finger impressions, the opinion of persons specially skilled in such matters is a relevant fact. This rule is contained in -
aSection 119.
bSection 55.
cSection 39.
dSection 26.
Answer: C
Section 39 BSA makes relevant the opinion of experts on points of foreign law, science, art, handwriting and finger impressions; expert opinion is in the nature of advisory and not binding evidence.
In a prosecution where it is shown that soon before her death a woman had been subjected by the accused to cruelty or harassment in connection with a demand for dowry, Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides that the court -
ashall conclusively hold the accused guilty of dowry death.
bmay draw no presumption until cruelty is independently corroborated.
cshall presume that the accused caused the dowry death.
dmay presume that the accused caused the dowry death.
Answer: C
Section 118 BSA uses the mandatory expression "shall presume" the dowry death once cruelty or harassment for dowry soon before death is proved, placing the burden of rebuttal on the accused.
An accomplice gives evidence against the accused in a criminal trial. Under Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) -
aan accomplice is not a competent witness at all.
ba conviction based solely on accomplice testimony is illegal and void.
can accomplice is a competent witness, and a conviction is not illegal if it proceeds upon his corroborated testimony.
daccomplice evidence requires corroboration by another accomplice.
Answer: C
Section 138 BSA, as enacted, declares an accomplice a competent witness and provides that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice; this enacted wording departs from the repealed Section 133 IEA, and Illustration (b) to Section 119 BSA reinforces the need for corroboration.
A computer output (such as a printout of WhatsApp chats) is sought to be produced as evidence of an electronic record. Following Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (whose ratio is now carried forward), a certificate under Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is -
aa mandatory condition precedent to the admissibility of such electronic evidence.
brequired only in civil proceedings.
crequired only where the original device is also produced.
ddirectory and may be dispensed with at the court's discretion.
Answer: A
Section 63 of the BSA governs admissibility of electronic records and, under sub-section (4) read with the Schedule, requires a certificate identifying and authenticating the record; following Arjun Panditrao Khotkar this certificate is a mandatory condition precedent for admitting such electronic evidence, dispensable only when the original device itself is produced.
An accused charged with culpable homicide claims that he acted under the right of private defence, an exception under the general exceptions of the penal law. Under Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the burden of proving the existence of circumstances bringing the case within such an exception lies on -
athe prosecution, which must negate the exception beyond doubt.
bthe accused, and the court shall presume the absence of such circumstances.
cneither party, as it is purely a question of law.
dthe court, which must investigate the plea suo motu.
Answer: B
Section 108 of the BSA places on the accused the burden of proving the existence of circumstances bringing the case within any general exception or special exception/proviso, and directs the court to presume the absence of such circumstances.
Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides that -
aa confession to a police officer is admissible only against a co-accused.
ba confession to a police officer is admissible if voluntarily made.
cevery confession made to a police officer is conclusive proof of guilt.
dno confession made to a police officer shall be proved as against a person accused of any offence.
Answer: D
Section 23(1) of the BSA lays down an absolute bar: no confession made to a police officer shall be proved against a person accused of any offence, irrespective of whether the maker was in custody.
In a prosecution for rape under specified clauses where sexual intercourse by the accused is proved and the question is whether it was without the woman's consent, and she states in her evidence that she did not consent, Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) directs that the court -
ashall draw no presumption either way.
bshall presume that she consented.
cshall presume that she did not consent.
dmay presume that she did not consent.
Answer: C
Section 120 of the BSA creates a mandatory presumption: where intercourse is proved in the specified categories of rape and the woman deposes that she did not consent, the court shall presume absence of consent.
Under Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), oral evidence must in all cases be -
adirect, that is, the witness must depose to what he himself perceived.
bgiven on oath before a Magistrate.
ccorroborated by documentary evidence.
dreduced to writing and signed by the witness.
Answer: A
Section 55 of the BSA enacts the rule against hearsay by requiring oral evidence to be direct: a fact seen must be proved by the witness who saw it, a fact heard by the witness who heard it, and so on.
A holder of a promissory note sues on it; the defendant denies the loan. The general rule of Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) on burden of proof is that -
athe burden lies on the defendant to disprove the claim.
bthe court itself must establish the existence of the facts.
cthe burden is always on the plaintiff throughout the trial and never shifts.
dwhoever desires a court to give judgment as to a legal right dependent on facts which he asserts must prove that those facts exist.
Answer: D
Section 104 of the BSA lays down the foundational rule: whoever desires a court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist.
Where the offices of both the President and the Vice-President fall vacant simultaneously, the functions of the President are discharged, until a new President is elected, by -
aThe Speaker of the Lok Sabha
bThe Chief Justice of India, or in his absence the senior-most Judge of the Supreme Court available
cThe Prime Minister of India
dThe Deputy Chairman of the Rajya Sabha
Answer: B
Under the President (Discharge of Functions) Act, 1969, on simultaneous vacancy in both offices, the Chief Justice of India - or in his absence the senior-most available Supreme Court Judge - discharges the functions of the President.
In I.C. Golak Nath v. State of Punjab (1967), the Supreme Court held that -
aDirective Principles prevail over Fundamental Rights
bthe Preamble is not a part of the Constitution
cParliament cannot amend the Fundamental Rights in Part III so as to take away or abridge them
dParliament has unlimited power to amend any part of the Constitution including Fundamental Rights
Answer: C
Golak Nath held that Fundamental Rights occupy a transcendental position and Parliament had no power to amend Part III to abridge them; this view was later overruled in Kesavananda Bharati.
After the Constitution (Eighty-sixth Amendment) Act, 2002, the total number of Fundamental Duties enumerated in Article 51A is -
aTen
bNine
cEleven
dTwelve
Answer: C
Originally ten Fundamental Duties were inserted by the 42nd Amendment in 1976; the 86th Amendment, 2002 added an eleventh duty under clause (k) of Article 51A.
The right to constitutional remedies guaranteed by the Constitution is found in -
aArticle 44
bArticle 32
cArticle 21
dArticle 19
Answer: B
Article 32 confers the right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights conferred by Part III and is itself a Fundamental Right.
In a State, the appointment of persons to be district judges, and their posting and promotion, is made by the Governor of the State. The Governor must act -
ain consultation with the State Public Service Commission.
bon the advice of the Council of Ministers alone.
cin consultation with the High Court exercising jurisdiction in relation to that State.
din consultation with the Chief Justice of India.
Answer: C
Under Article 233(1), appointments, posting and promotion of district judges are made by the Governor in consultation with the High Court exercising jurisdiction in relation to the State.
The control over district courts and courts subordinate thereto, including the posting, promotion and grant of leave to persons belonging to the judicial service of a State and holding any post inferior to that of a district judge, is vested in -
athe State Government in consultation with the High Court.
bthe High Court.
cthe Governor of the State.
dthe State Public Service Commission.
Answer: B
Article 235 vests control over district courts and subordinate courts, including posting, promotion and leave of officers below the rank of district judge, exclusively in the High Court.
A litigant whose fundamental right is alleged to have been violated approaches the High Court for a writ. Which of the following statements is untrue?
aThe power of the High Court under Article 226 extends to enforcement of fundamental rights and 'for any other purpose'.
bArticle 226 jurisdiction is wider in subject-matter than Article 32 of the Supreme Court.
cThe High Court may decline relief in its discretion even where a legal right is shown to be infringed.
dArticle 226 is itself a fundamental right which the High Court cannot refuse to entertain.
Answer: D
Article 32 is itself a fundamental right (the Supreme Court cannot refuse it), but Article 226 is a constitutional right exercised at the High Court's discretion; hence statement (d) is untrue.
Under Section 122 of the Transfer of Property Act, 1882, for a gift to be valid, acceptance by or on behalf of the donee must be made -
awithin a reasonable time after the donor's death.
bonly after the gift deed is registered.
cduring the lifetime of the donor and while he is still capable of giving.
dat any time after the execution of the gift deed.
Answer: C
Section 122 requires that the gift be accepted by or on behalf of the donee during the lifetime of the donor and while he is still capable of giving; if the donee dies before acceptance, the gift is void.
Under Section 123 of the Transfer of Property Act, 1882, a gift of immovable property is effected -
aby delivery of possession of the property.
bby a registered instrument signed by the donee and attested by two witnesses.
cby a registered instrument signed by the donor and attested by at least two witnesses.
dby an unregistered instrument signed by the donor alone.
Answer: C
For immovable property, Section 123 mandates a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; delivery of possession is sufficient only for a gift of movable property (as an alternative to registration).
A donor and donee agree that a gift shall be revocable at the mere will and pleasure of the donor. Under Section 126 of the Transfer of Property Act, 1882, such a stipulation makes the gift -
avalid but the condition of revocation alone is void.
bvoid wholly or in part, as the case may be.
cvoidable at the instance of the donee.
dvalid and revocable accordingly.
Answer: B
Under Section 126, a gift agreed to be revocable wholly or in part at the mere will of the donor is void to that extent. A gift may be suspended or revoked only on the happening of a specified event not depending on the will of the donor.
Which of the following correctly describes a usufructuary mortgage under Section 58 of the Transfer of Property Act, 1882?
aThe mortgagor binds himself personally to repay and the property is liable only on default, without delivery of possession.
bThe mortgagor ostensibly sells the property with a condition that the sale becomes absolute on default of payment.
cThe mortgagor delivers possession to the mortgagee, who retains it and appropriates the rents and profits in lieu of interest or principal.
dThe mortgagor absolutely transfers the property with a covenant to re-transfer on repayment.
Answer: C
In a usufructuary mortgage under Section 58(d), the mortgagor delivers possession of the property to the mortgagee and authorises him to retain it and to receive the rents and profits, appropriating them towards interest or principal; there is no personal liability or right to foreclosure.
In the absence of a contract, local law or usage to the contrary, a lease of immovable property for manufacturing purposes is, under Section 106 of the Transfer of Property Act, 1882, deemed to be -
aa lease from year to year, terminable on fifteen days' notice.
ba lease from month to month, terminable on six months' notice.
ca lease from month to month, terminable on fifteen days' notice.
da lease from year to year, terminable on six months' notice.
Answer: D
Section 106 deems a lease for agricultural or manufacturing purposes to be from year to year, terminable by either party by six months' notice; leases for any other purpose are deemed month to month, terminable by fifteen days' notice.
Under Section 41 of the Transfer of Property Act, 1882, a transfer for consideration by an ostensible owner is protected against the real owner only if -
athe transferee, after taking reasonable care to ascertain the transferor's power to transfer, acted in good faith.
bthe ostensible owner was in actual physical possession at the time of transfer.
cthe real owner had no knowledge of the transfer.
dthe transferee took the property by a registered deed, irrespective of enquiry.
Answer: A
Section 41 protects a transferee from an ostensible owner (who holds with the express or implied consent of the real owner) only if the transferee took reasonable care to ascertain the transferor's power to transfer and acted in good faith.
An interest created on a transfer of property and dependent upon a condition fails, under Section 25 of the Transfer of Property Act, 1882, where the condition is -
aunreasonable in the opinion of the transferee.
bmerely difficult, though not impossible, to perform.
csubsequent in point of time to the vesting of the interest.
dimpossible, forbidden by law, fraudulent, or opposed to public policy.
Answer: D
Under Section 25, an interest dependent on a condition fails if the condition is impossible, forbidden by law, defeats the provisions of any law, is fraudulent, involves injury to person or property of another, or is regarded by the Court as immoral or opposed to public policy.
Under Section 2 of the Indian Contract Act, 1872, an agreement enforceable by law is a contract, whereas an agreement not enforceable by law is said to be -
avoid.
billegal.
cunlawful.
dvoidable.
Answer: A
Section 2(g) declares an agreement not enforceable by law to be void, while Section 2(h) defines a contract as an agreement enforceable by law.
A, for natural love and affection, promises in writing and registers the instrument to give his brother B a sum of Rs. 1,00,000 without any consideration. B sues A to recover the amount. The agreement is -
aa valid contract under the exception in Section 25(1).
bvalid only if A is solvent at the time of the promise.
cvoidable at the option of A.
dvoid, being without consideration.
Answer: A
Section 25(1) saves a promise made on account of natural love and affection between parties standing in a near relation, provided it is in writing and registered, from the rule that an agreement without consideration is void.
Bankers, factors, wharfingers, attorneys of a High Court and policy-brokers may, in the absence of a contract to the contrary, retain as security for a general balance of account any goods bailed to them. This right is recognised under -
aSection 171 (general lien) of the Indian Contract Act.
bSection 172 of the Indian Contract Act.
cSection 170 (particular lien) of the Indian Contract Act.
dSection 148 of the Indian Contract Act.
Answer: A
Section 171 confers a general lien on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers; other bailees enjoy only a particular lien under Section 170 unless an express contract provides otherwise.
A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is defined in the Indian Contract Act, 1872 as a -
acontract of bailment.
bquasi-contract.
ccontract of indemnity.
dcontract of guarantee.
Answer: C
Section 124 defines a contract of indemnity as one in which a party promises to save the other 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 in respect of whose default the guarantee is given is called the -
asurety.
bprincipal debtor.
cindemnifier.
dcreditor.
Answer: B
Under Section 126, the person who gives the guarantee is the surety, the person to whom it is given is the creditor, and the person in respect of whose default the guarantee is given is the principal debtor.
A contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, becomes unlawful -
aremains binding and the promisor must pay damages for breach.
bbecomes voidable at the option of the promisee.
cis enforceable subject to the leave of the court.
dbecomes void when the act becomes impossible or unlawful.
Answer: D
The second paragraph of Section 56 (supervening impossibility / doctrine of frustration) provides that such a contract becomes void when the act becomes impossible or unlawful.
The maxim "actus non facit reum nisi mens sit rea" expresses which fundamental principle of criminal law?
aHe who comes to equity must come with clean hands.
bNo one shall be vexed twice for the same offence.
cThe act of the court shall prejudice no man.
dAn act does not make a person guilty unless the mind is also guilty.
Answer: D
The maxim means an act alone does not constitute guilt unless accompanied by a guilty mind (mens rea); it is the foundation of criminal liability requiring both actus reus and mens rea.
Who was the first woman to be appointed as a judge of a High Court in India, taking office in the High Court of Kerala in 1959?
aJustice M. Fathima Beevi
bJustice Anna Chandy
cJustice Sujata Manohar
dJustice Leila Seth
Answer: B
Anna Chandy was appointed to the High Court of Kerala on 9 February 1959, becoming the first woman High Court judge in India; Fathima Beevi later became the first woman judge of the Supreme Court (1989).
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for murder is prescribed under which section?
aSection 101
bSection 103
cSection 100
dSection 105
Answer: B
In the BNS, 2023, Section 100 defines culpable homicide and Section 101 defines murder, while Section 103 prescribes the punishment for murder (death or imprisonment for life and fine).
In Selvi v. State of Karnataka (2010), the Supreme Court held that the involuntary administration of narco-analysis, polygraph and brain-mapping tests on an accused is unconstitutional principally because it violates -
athe right against self-incrimination under Article 20(3).
bthe right to property under Article 300A.
cthe right to freedom of speech under Article 19(1)(a).
dthe protection against double jeopardy under Article 20(2).
Answer: A
The Court held that compulsory administration of these techniques violates the right against self-incrimination under Article 20(3) as well as personal liberty under Article 21; results of voluntary tests are only of corroborative value.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum period of detention beyond which an accused becomes entitled to default bail, for an offence punishable with death, imprisonment for life or imprisonment for ten years or more, is -
a180 days
b15 days
c90 days
d60 days
Answer: C
Section 187(3) BNSS prescribes 90 days for offences punishable with death, life imprisonment or imprisonment of ten years or more, and 60 days for other offences, on the expiry of which the accused gets an indefeasible right to default bail.
The doctrine of "basic structure" of the Constitution, which restricts Parliament's amending power, was first propounded by the Supreme Court in -
aShankari Prasad v. Union of India.
bKesavananda Bharati v. State of Kerala.
cMinerva Mills Ltd. v. Union of India.
dGolak Nath v. State of Punjab.
Answer: B
The basic structure doctrine was first laid down in Kesavananda Bharati v. State of Kerala (1973), holding that Parliament under Article 368 cannot alter the basic structure of the Constitution.
Find the odd one out: 'Triangle, Square, Rectangle, Circle'.
aSquare
bRectangle
cTriangle
dCircle
Answer: D
A triangle, square and rectangle are all bounded by straight line segments (polygons), whereas a circle is bounded by a curved line and has no straight sides.
Q84Reasoning & Mental Ability
Complete the letter series: B, D, G, K, P, ... ?
aT
bU
cW
dV
Answer: D
The gaps between successive letters increase by one each time (B +2 D +3 G +4 K +5 P). Adding 6 to P gives V.
Q85Reasoning & Mental Ability
A clock shows the time as 3:15. What is the angle between the hour hand and the minute hand?
a30 degrees
b7.5 degrees
c15 degrees
d0 degrees
Answer: B
At 3:15 the minute hand is at 90°. The hour hand moves 0.5° per minute, so at 15 minutes past 3 it is at 90° + 7.5° = 97.5°. The angle between them is 97.5° − 90° = 7.5°.
Q86Reasoning & Mental Ability
The ratio of the present ages of a father and his son is 4:1. After 10 years the ratio of their ages becomes 5:2. What is the present age of the son?
a8 years
b12 years
c10 years
d16 years
Answer: C
Let the ages be 4x and x. Then (4x + 10)/(x + 10) = 5/2 gives 8x + 20 = 5x + 50, so 3x = 30 and x = 10. The son's present age is x = 10 years.
Q87Reasoning & Mental Ability
In a certain group of people, 70% read English and 60% read Malayalam. If every person reads at least one of the two languages, what percentage of the people read both languages?
a30%
b50%
c40%
d20%
Answer: A
Since everyone reads at least one language, those reading both = 70% + 60% − 100% = 30%.
Q88Specific Relief Act
Under Section 25 of the Specific Relief Act, 1963, the provisions of Chapter II relating to specific performance of contracts also apply to -
aawards to which the Arbitration and Conciliation Act, 1996 applies, and to all penal bonds.
bawards to which the Arbitration and Conciliation Act, 1996 does not apply, and to directions in a will or codicil to execute a particular settlement.
cevery decree of a civil court for possession of immovable property.
dcontracts to refer present or future differences to arbitration.
Answer: B
Section 25 extends Chapter II to awards to which the Arbitration and Conciliation Act, 1996 does NOT apply, and to a direction in a will or codicil to execute a particular settlement; contracts to refer disputes to arbitration are dealt with separately under Section 14A's scheme.
Which one of the following is NOT a ground on which an injunction can be refused under Section 41 of the Specific Relief Act, 1963?
aTo restrain a person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought.
bTo restrain any person from prosecuting a pending criminal matter.
cTo prevent the breach of an express negative covenant where the plaintiff has performed the affirmative terms of the contract.
dTo prevent a continuing breach of an obligation in which the plaintiff has acquiesced.
Answer: C
Section 41 lists situations in which an injunction cannot be granted, including clauses (a), (b) and (e). By contrast, Section 42 expressly allows an injunction to enforce a negative agreement even where the affirmative part cannot be specifically enforced, so option (d) is not a bar.
B, by a contract, agrees to sing at A's theatre for twelve months and to sing nowhere else during that period; B then contracts to sing elsewhere. Which relief can a court grant under the Specific Relief Act, 1963?
aIt may, under Section 42, grant an injunction restraining B from singing elsewhere, though it cannot compel him to sing at A's theatre.
bIt may compel B by specific performance to sing at A's theatre.
cIt must award only liquidated damages and refuse all injunctive relief.
dIt can neither enforce the affirmative term nor restrain B from singing elsewhere.
Answer: A
A contract of personal service such as singing is not specifically enforceable, but Section 42 permits the court to grant an injunction to enforce the express negative covenant (not to sing elsewhere) notwithstanding that the affirmative term cannot be specifically enforced.
Under Section 8 of the Specific Relief Act, 1963, a person having possession of an article of specific movable property, of which he is not the owner, may be compelled to deliver it to a person entitled to its immediate possession in which of the following cases?
aOnly where the claimant is the absolute owner of the property.
bOnly where the thing is held by the defendant as the agent or trustee of the claimant.
cIn every case where the claimant proves a better title, irrespective of the adequacy of money compensation.
dWhere the thing claimed is held as agent or trustee, or where compensation in money is not an adequate relief, or where it is extremely difficult to ascertain the actual damage, or where possession has been wrongfully transferred from the claimant.
Answer: D
Section 8 enumerates the cases in which delivery of specific movable property can be compelled against a non-owner in possession: agent/trustee, inadequacy of money compensation, difficulty of ascertaining actual damage, and wrongful transfer from the claimant.
Regarding the temporal operation of the Specific Relief (Amendment) Act, 2018, which statement reflects the settled position?
aThe amendments apply only to suits for injunction and not to suits for specific performance.
bThe amendments, being substantive in character, operate prospectively and do not govern suits instituted before the amendment came into force.
cThe amendments operate retrospectively and apply to all pending suits filed before its commencement.
dThe amendments apply only to contracts relating to infrastructure projects.
Answer: B
Courts have held that the 2018 Amendment effects substantive changes (e.g., converting specific performance into a general remedy) and is therefore prospective, governing contracts and suits arising after its commencement rather than pending matters.
Where the Rent Control Court, on an application under Section 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965, orders eviction and grants the tenant time to put the landlord in possession, the second proviso to Section 11(10) provides that the Court may extend such time so as not to exceed, in the aggregate -
asix months
bthree months
cone month
dtwo months
Answer: B
The second proviso to Section 11(10) allows the Rent Control Court to give the tenant a reasonable time to deliver possession and to extend it so as not to exceed three months in the aggregate.
A landlord secures eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 claiming bona fide need for his own occupation, but after taking possession lets the building lie idle. Under Section 11(12), the evicted tenant may apply to be restored to possession if the landlord, without reasonable cause -
afails to occupy the building at all within one year of obtaining possession.
bdoes not occupy the building within one month of obtaining possession, or having occupied it, vacates it within six months of that date.
cdoes not occupy the building within six months, or having occupied it, vacates it within two years.
ddoes not occupy the building within three months, or having occupied it, vacates it within one year.
Answer: B
Section 11(12) entitles the evicted tenant to apply for restoration where the landlord, without reasonable cause, does not occupy the building within one month of obtaining possession, or having occupied it, vacates it within six months of that date.
Under the Kerala Buildings (Lease and Rent Control) Act, 1965, who is constituted as the Rent Control Court under Section 3?
aA District Judge notified by the Government.
bAn officer not below the rank of a Subordinate Judge.
cThe Accommodation Controller for the area.
dA person who is, or is qualified to be appointed, a Munsiff, notified by the Government.
Answer: D
Section 3(1) empowers the Government to appoint a person who is, or is qualified to be appointed, a Munsiff to be the Rent Control Court for the specified local areas; the Accommodation Controller (an officer not below a Tahsildar) is a distinct authority.
An aggrieved party wishes to challenge an order of the Rent Control Court under the Kerala Buildings (Lease and Rent Control) Act, 1965. Under Section 18, an appeal to the appellate authority must be preferred within -
afifteen days from the date of the order.
bsixty days from the date of the order.
cthirty days from the date of the order, excluding the time taken to obtain a certified copy.
dninety days from the date of communication of the order.
Answer: C
Section 18(1)(b) allows an appeal to the appellate authority within thirty days from the date of the order, with the time taken to obtain a certified copy of the order excluded in computing the period.
A holder in due course under Section 9 of the Negotiable Instruments Act, 1881 must have become the possessor of the instrument -
agratuitously, but before maturity and in good faith.
bfor consideration, even after the amount became payable, provided he acted in good faith.
cfor consideration, before maturity, irrespective of any knowledge of defect in title.
dfor consideration, before the amount became payable, and without sufficient cause to believe any defect existed in the title of the transferor.
Answer: D
Section 9 requires that the holder acquired the instrument for consideration, before the amount mentioned in it became payable, and without having sufficient cause to believe that any defect existed in the title of the person from whom he derived title.
A material alteration of a negotiable instrument, made by a party thereto without the consent of the others, has the effect of rendering the instrument -
avoid as against all persons, including subsequent indorsees for value.
bvalid, the alteration being treated as a fresh contract.
cvoidable at the option of the holder in due course.
dvoid as against any person who was a party thereto at the time of the alteration and who did not consent to it.
Answer: D
Section 87 provides that any material alteration renders the instrument void as against anyone who was a party thereto at the time of making the alteration and who did not consent to it, unless made to carry out the common intention of the original parties.
For an offence under Section 138 of the Negotiable Instruments Act, 1881 to be made out, after the cheque is returned unpaid the payee or holder in due course must make a demand for payment by notice in writing within -
athirty days of the receipt of information of dishonour from the bank.
bfifteen days of the receipt of information of dishonour from the bank.
cone month of the date on which the cheque was drawn.
dforty-five days of the dishonour of the cheque.
Answer: A
Clause (b) of the proviso to Section 138 requires the payee or holder in due course to make a demand by giving notice in writing within thirty days of receiving information from the bank regarding the return of the cheque as unpaid.
Upon receipt of the statutory notice of demand under Section 138 of the Negotiable Instruments Act, 1881, the cause of action to file a complaint arises only if the drawer fails to make payment within -
aseven days of the receipt of the notice.
bone month of the date of the notice.
cthirty days of the receipt of the notice.
dfifteen days of the receipt of the notice.
Answer: D
Clause (c) of the proviso to Section 138 provides that the offence is complete only when the drawer fails to make the payment within fifteen days of the receipt of the notice of demand.
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