Kerala Judiciary Mock Test 7 — Questions & Solutions
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The withdrawal from prosecution by a Public Prosecutor, with the consent of the Court, is governed under the Bharatiya Nagarik Suraksha Sanhita, 2023, by -
aSection 482.
bSection 360.
cSection 258.
dSection 321.
Answer: B
Section 360 BNSS (corresponding to Section 321 CrPC) permits the Public Prosecutor or Assistant Public Prosecutor, with the consent of the Court, to withdraw from the prosecution of any person at any time before the judgment is pronounced.
Section 530 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides that all trials, inquiries and proceedings, including the recording of evidence and examination of witnesses -
amay be held electronically only with the prior sanction of the High Court in each case.
bmay be held in electronic mode by use of audio-video electronic means.
cmay be held electronically only in appeals and revisions, not in trials.
dmust be conducted only in the physical presence of the accused and witnesses.
Answer: B
Section 530 BNSS expressly authorises trials, inquiries and proceedings, including issuance and service of summons and warrants, examination of witnesses and recording of evidence, to be conducted in electronic mode through audio-video electronic means.
In a warrant case instituted on a police report under the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate, if he finds the charge against the accused to be groundless after considering the police report and documents, shall -
adischarge the accused, recording his reasons for doing so.
bacquit the accused.
ccommit the case to the Court of Session.
dstay the proceedings indefinitely.
Answer: A
Under Section 262 BNSS (corresponding to Section 239 CrPC), where the Magistrate considers the charge groundless he shall discharge the accused and record his reasons; discharge precedes the framing of charge, whereas acquittal follows trial.
Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers a Court to postpone or adjourn proceedings, but provides that no Court shall remand an accused person to custody under this section for a term exceeding -
aseven days at a time.
bfifteen days at a time.
cthirty days at a time.
dsixty days at a time.
Answer: B
Section 346 BNSS provides that no Court shall remand an accused to custody under this section for a term exceeding fifteen days at a time, and adjournments shall not ordinarily be granted where witnesses are in attendance without examining them.
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, information relating to the commission of a cognizable offence may be given irrespective of the area where the offence is committed, the provision thus statutorily recognising the concept of a "Zero FIR". For a cognizable offence punishable with imprisonment for three years or more but less than seven years, the officer in charge may, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry which shall be completed within -
atwenty-one days
bseven days
cthirty days
dfourteen days
Answer: D
The proviso to Section 173(3) BNSS requires that a preliminary enquiry, where permitted for offences punishable with 3 years or more but less than 7 years, be completed within fourteen days.
Which of the following statements as to police custody under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is untrue?
aThe total period of detention in custody otherwise than police custody is in every case limited to sixty days irrespective of the gravity of the offence.
bThe fifteen days of police custody may be sought in parts during the initial period of detention rather than only at the very beginning.
cOn expiry of the maximum period of detention without filing of the report, the accused is entitled to be released on bail if he is prepared to and does furnish bail.
dThe total period of detention authorised by the Magistrate in custody otherwise than in police custody may extend to ninety days where the offence is punishable with death, imprisonment for life or imprisonment for not less than ten years.
Answer: A
Section 187 BNSS fixes the outer limit of detention at ninety days for graver offences and sixty days otherwise; option (d) wrongly states a uniform sixty-day cap and is therefore untrue.
A private complaint is filed before a Judicial Magistrate of the First Class. As per the proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate -
amay take cognizance at once and issue process without any further formality.
bmust in every case order investigation by the police before taking cognizance.
cshall not take cognizance of an offence without giving the accused an opportunity of being heard.
dcan take cognizance only after committing the case to the Court of Session.
Answer: C
The proviso to Section 223(1) BNSS introduces a new safeguard requiring the Magistrate to give the accused an opportunity of being heard before taking cognizance on a complaint.
In a case instituted on a police report, Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires the Magistrate to furnish, free of cost, copies of the police report and connected documents to the accused (and to the victim where represented by an advocate) -
awithin seven days from the date of filing of the police report.
bwithin thirty days from the date of cognizance.
cwithout delay, and in no case beyond fourteen days from the date of production or appearance of the accused.
donly after the charge has been framed.
Answer: C
Section 230 BNSS mandates supply of copies without delay and in no case beyond fourteen days from the date of production or appearance of the accused.
Under Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no arrest shall be made without the prior permission of an officer not below the rank of Deputy Superintendent of Police where the offence is punishable with imprisonment for less than three years and the person to be arrested -
ais a woman.
bis infirm or is above sixty years of age.
cis a first-time offender.
dis a public servant.
Answer: B
Section 35(7) BNSS bars arrest, in such minor offences, of a person who is infirm or above sixty years of age without prior permission of an officer not below the rank of DSP.
Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 places a limit on the maximum period for which an undertrial prisoner may be detained. Where the person is a first-time offender (never previously convicted of any offence), he shall be released on bond by the court if he has undergone detention for -
athe entire maximum period of imprisonment specified for the offence.
bone-third of the maximum period of imprisonment specified for the offence.
cone-half of the maximum period of imprisonment specified for the offence.
done-fourth of the maximum period of imprisonment specified for the offence.
Answer: B
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 period of imprisonment for the offence.
An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lies to -
athe Executive Magistrate or the District Magistrate.
bthe Court of the Chief Judicial Magistrate only.
cthe Judicial Magistrate of the First Class only.
dthe High Court or the Court of Session.
Answer: D
Section 482 BNSS (corresponding to Section 438 CrPC) provides that a person apprehending arrest for a non-bailable offence may apply to the High Court or the Court of Session for direction for release on bail in the event of arrest.
Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023 enables inquiry, trial or judgment in absentia of a proclaimed offender. The court may commence such trial only after the expiry of -
aninety days from the date of framing of the charge.
bthirty days from the date of framing of the charge.
csixty days from the date of framing of the charge.
done year from the date of the proclamation.
Answer: A
Section 356 BNSS permits trial in absentia of a proclaimed offender only after the expiry of ninety days from the date of framing of the charge.
Under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the police officer in charge is required to inform the informant or victim about the progress of the investigation within -
aninety days.
bthirty days.
cone hundred and eighty days.
dsixty days.
Answer: A
The proviso to Section 193(3) BNSS requires the investigating officer to inform the informant or victim of the progress of investigation within ninety days, including by electronic communication.
Section 398 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a new provision with no counterpart in the Code of Criminal Procedure, 1973, casts a duty to prepare and notify a -
awitness protection scheme by every State Government.
bvictim compensation scheme by the District Legal Services Authority.
cplea bargaining scheme by the Central Government.
dlegal aid scheme by the High Court.
Answer: A
Section 398 BNSS, which has no equivalent in the CrPC, obliges every State Government to prepare and notify a Witness Protection Scheme.
On a complaint disclosing a cognizable offence made under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, before ordering an investigation by the police, the Magistrate is required to -
aexamine the accused on oath.
bobtain the sanction of the State Government.
cconsider the application made by the complainant and the submissions made by the police officer.
dcommit the matter to the Court of Session.
Answer: C
Section 175(3) BNSS adds a safeguard requiring the Magistrate, before directing investigation, to consider the complainant's application and the submissions made by the police officer.
In a suit for permanent prohibitory injunction the question of title was raised, evidence was led on title, and the suit was dismissed after trial. The plaintiff thereafter files a fresh suit for recovery of possession on the strength of the very same title. The second suit is -
abarred by res judicata under Section 11 CPC, the issue of title having been directly and substantially decided.
bbarred only under Order 2 Rule 2 CPC.
cnot barred, since the reliefs claimed in the two suits are different.
dnot barred, as injunction and possession suits are of a different nature.
Answer: A
Where title was directly and substantially in issue, contested, and decided in the earlier suit, Section 11 CPC operates as res judicata to bar the later suit founded on the same title.
A plaint was rejected under Order 7 Rule 11 CPC on the ground that it did not disclose a cause of action. The legal character of such an order of rejection is that it -
ais an order from which only a revision lies.
bis purely administrative and not amenable to challenge.
ccan be challenged only by a restoration petition.
damounts to a decree and is therefore appealable.
Answer: D
By Section 2(2) CPC the rejection of a plaint is deemed to be a decree; hence an order under Order 7 Rule 11 is appealable as a decree.
Under Order 21 Rule 92 CPC, where an application under Rule 89 is made and the requisite deposit is duly made, the Court shall make an order setting aside the sale provided the deposit is made within -
athirty days from the date of sale.
bsixty days from the date of sale.
cfifteen days from the date of sale.
dninety days from the date of sale.
Answer: A
Order 21 Rule 92 read with Rule 89 CPC requires the deposit to be made within thirty days from the date of sale for the sale to be set aside.
Where a court delivering a judgment fails to grant a consequential relief which the plaintiff was entitled to and had claimed, and there is a clerical or arithmetical mistake or an error arising from an accidental slip in the decree, the power to correct it under Section 152 CPC may be exercised -
aat any time, on the court's own motion or on the application of any party.
bonly within thirty days of the decree.
conly within three years of the decree.
donly within ninety days of the decree.
Answer: A
Section 152 CPC permits correction of clerical or arithmetical mistakes, or errors arising from accidental slip or omission, in judgments, decrees or orders at any time, either suo motu or on application.
Which one of the following is included within the definition of 'decree' under Section 2(2) of the Code of Civil Procedure, 1908?
aAn order rejecting an application for leave to defend a summary suit.
bThe rejection of a plaint and the determination of any question within Section 144.
cAny adjudication from which an appeal lies as an appeal from an order.
dAn order of dismissal for default.
Answer: B
Section 2(2) CPC expressly includes within 'decree' the rejection of a plaint and the determination of any question within Section 144, while excluding adjudications appealable as orders and orders of dismissal for default.
A defendant on whom summons has been duly served fails to file his written statement within thirty days. Under the proviso to Order 8 Rule 1 CPC (in a non-commercial suit), the court may, for reasons to be recorded in writing, permit him to file it on a later day, but not later than -
aone hundred and twenty days from the date of service of summons.
bninety days from the date of service of summons.
csixty days from the date of service of summons.
dsuch time as the court in its absolute discretion may allow.
Answer: B
Under the proviso to Order 8 Rule 1 CPC, where the defendant fails to file the written statement within thirty days, the court may allow him to do so on a later day for recorded reasons, but not later than ninety days from the date of service of summons.
A plaintiff proposes to institute a suit against a public officer in respect of an act purporting to be done by him in his official capacity. Under Section 80(1) CPC, no such suit shall be instituted until the expiration of -
atwo months next after notice in writing has been delivered.
bthirty days next after notice in writing has been delivered.
csix months next after notice in writing has been delivered.
dninety days next after notice in writing has been delivered.
Answer: A
Section 80(1) CPC bars institution of a suit against the Government or a public officer (for an act done in his official capacity) until the expiration of two months next after notice in writing has been delivered.
Parties to a pending suit arrive at a lawful compromise which is recorded by the court and a decree is passed thereon under Order 23 Rule 3 CPC. The aggrieved party now wishes to challenge the decree. Which statement is correct?
aOnly a second appeal under Section 100 CPC is competent.
bA separate suit lies to set aside the decree on the ground that the compromise was unlawful.
cNo appeal lies from such a consent decree by virtue of Section 96(3) CPC.
dA first appeal lies under Section 96(1) CPC as from any other decree.
Answer: C
Section 96(3) CPC bars any appeal from a decree passed with the consent of the parties; Order 23 Rule 3A further bars a separate suit to set aside such a decree, the remedy being a recall application before the same court.
A High Court hearing a regular second appeal under Section 100 CPC is satisfied that the case involves a substantial question of law. Which of the following is true regarding the formulation of that question?
aThe substantial question of law must also be one of general importance.
bFormulation of the substantial question of law is mandatory and the appeal must be heard on the question so formulated.
cThe court may reappreciate the evidence even where no question of law arises.
dFormulation is purely directory and the court may decide the appeal on equitable grounds.
Answer: B
Under Section 100 read with Order 42 Rule 2 CPC, formulation of the substantial question of law is mandatory and the second appeal must be heard on the question so formulated; it need not be one of general importance.
A person apprehending the filing of an application against him in a suit lodges a caveat under Section 148A CPC. In the absence of an application being filed, the caveat shall not remain in force after the expiry of -
athirty days from the date on which it was lodged.
bone year from the date on which it was lodged.
cninety days from the date on which it was lodged.
dsixty days from the date on which it was lodged.
Answer: C
Section 148A(5) CPC provides that a caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged, unless the application apprehended is made earlier.
Section 89 CPC empowers the court, where it appears that there exist elements of a settlement, to refer the dispute for resolution. The modes of settlement contemplated by Section 89 are -
aarbitration, conciliation, judicial settlement including settlement through Lok Adalat, and mediation.
bnegotiation, arbitration, adjudication and mediation.
carbitration and conciliation only.
dmediation and Lok Adalat only.
Answer: A
Section 89 CPC permits reference of a dispute to arbitration, conciliation, judicial settlement (including settlement through a Lok Adalat), or mediation.
A decree for a prohibitory injunction is passed against the judgment-debtor, who wilfully disobeys it. Order 21 Rule 32 CPC provides that such a decree may be enforced -
aonly by the detention of the judgment-debtor in the civil prison.
bby directing the decree-holder himself to remove the obstruction.
conly by attachment of his property.
dby his detention in the civil prison, or by the attachment of his property, or by both.
Answer: D
Order 21 Rule 32(1) CPC provides that a decree for an injunction (or specific performance), if wilfully disobeyed, may be enforced by detention of the judgment-debtor in civil prison, or by attachment of his property, or by both.
In execution of a money decree, the decree-holder seeks attachment of the salary of the judgment-debtor, a private employee. Under the proviso to Section 60(1) CPC, the portion of salary exempt from attachment is -
athe first four hundred rupees and one-half of the remainder.
bthe whole of the salary irrespective of amount.
cone-third of the salary only.
dthe first one thousand rupees and two-thirds of the remainder.
Answer: D
Under the proviso to Section 60(1) CPC, the first one thousand rupees of salary and two-thirds of the remainder are exempt from attachment (for decrees other than maintenance decrees).
Where a woman dies of burns or bodily injury otherwise than under normal circumstances within seven years of her marriage and it is shown she was subjected to cruelty in connection with a demand for dowry, the offence of dowry death is dealt with under -
aSection 86 BNS
bSection 80 BNS
cSection 79 BNS
dSection 85 BNS
Answer: B
Section 80 BNS defines and punishes dowry death where death occurs within seven years of marriage in connection with a dowry demand, punishable with imprisonment of not less than seven years extendable to life.
Voluntarily causing grievous hurt by use of acid is a specific offence under the Bharatiya Nyaya Sanhita, 2023, punishable under -
aSection 122 BNS
bSection 118 BNS
cSection 124 BNS
dSection 115 BNS
Answer: C
Section 124 BNS deals with voluntarily causing grievous hurt by use of acid, etc., carrying imprisonment of not less than ten years extendable to life, and fine.
Under Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, when a criminal act is done by several persons in furtherance of the common intention of all -
aa minimum of five persons must participate before liability attaches
beach of such persons is liable for that act in the same manner as if it were done by him alone
conly the person who physically commits the act is liable
dthe punishment is reduced by half for every person other than the principal offender
Answer: B
Section 3(5) BNS embodies the doctrine of common intention (corresponding to the old Section 34 IPC): each person is liable for the act as if done by him alone; it requires only two or more persons, unlike unlawful assembly.
The offence of criminal conspiracy under the Bharatiya Nyaya Sanhita, 2023 is defined and dealt with under -
aSection 45
bSection 48
cSection 61
dSection 62
Answer: C
Section 61 BNS defines criminal conspiracy as an agreement of two or more persons to do, or cause to be done, an illegal act or a legal act by illegal means, and prescribes its punishment.
A person abets the doing of a thing under Section 45 of the Bharatiya Nyaya Sanhita, 2023 by -
ainstigation, conspiracy, or intentional aiding - any of these
bengaging in a conspiracy for the doing of that thing only
cintentionally aiding, by any act or illegal omission, the doing of that thing only
dinstigating any person to do that thing only
Answer: A
Section 45 BNS provides three modes of abetment - instigation, conspiracy, and intentional aiding by act or illegal omission - mirroring the structure under the former Section 107 IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of defamation is dealt with under -
aSection 356
bSection 359
cSection 354
dSection 351
Answer: A
Section 356 BNS defines defamation and prescribes punishment of simple imprisonment up to two years, or fine, or both, or community service; the section retains the same exceptions as under the old law.
Whoever, with intent to cause wrongful loss or damage, causes the destruction of any property or any change diminishing its value or utility, commits the offence of -
acriminal breach of trust under Section 316 BNS
bmischief under Section 324 BNS
ccriminal trespass under Section 329 BNS
dcheating under Section 318 BNS
Answer: B
Section 324 BNS defines mischief - causing wrongful loss or damage by destruction of property or any change that destroys or diminishes its value or utility.
Under the Bharatiya Nyaya Sanhita, 2023, the offence that punishes acts endangering the sovereignty, unity and integrity of India - the provision replacing the former offence of sedition - is -
aSection 150
bSection 152
cSection 147
dSection 113
Answer: B
Section 152 BNS penalises exciting secession, armed rebellion or subversive activities or endangering the sovereignty, unity and integrity of India, replacing the repealed sedition provision (old Section 124A IPC).
Under the Bharatiya Nyaya Sanhita, 2023, criminal breach of trust - which consolidated the earlier provisions on breach of trust by carriers, clerks, public servants and bankers - is now dealt with principally under -
aSection 324
bSection 318
cSection 316
dSection 303
Answer: C
Section 316 BNS deals with criminal breach of trust, consolidating the offences earlier spread across Sections 405-409 of the IPC, with aggravated forms graded within the same section.
Under Section 113 of the Bharatiya Nyaya Sanhita, 2023, the offence of 'terrorist act' is incorporated. A terrorist act under this provision is an act done with intent to -
acause only wrongful loss of property exceeding one lakh rupees
bthreaten the unity, integrity, sovereignty, security or economic security of India, or to strike terror in the people
cdisturb public tranquillity within a single police station limit
dcommit an affray in a public place
Answer: B
Section 113 BNS, drafted on the lines of the UAPA, defines a terrorist act as one done with intent to threaten the unity, integrity, sovereignty, security or economic security of India or to strike terror in the people, bringing terrorism into the general penal code for the first time.
Under the Bharatiya Nyaya Sanhita, 2023, a person is said to do a thing "dishonestly" when he does it with the intention of causing -
awrongful gain to himself alone.
bdeception of any person.
cany harm whatever to body, mind, reputation or property.
dwrongful gain to one person or wrongful loss to another person.
Answer: D
Section 2(7) of the BNS, 2023 defines "dishonestly" as doing an act with the intention of causing wrongful gain to one person or wrongful loss to another person, retaining the IPC scheme.
Where a criminal act is done by several persons in furtherance of the common intention of all, each such person is liable for that act in the same manner as if it were done by him alone. This rule is contained in -
aSection 3(2) of the BNS, 2023.
bSection 61 of the BNS, 2023.
cSection 3(5) of the BNS, 2023.
dSection 190 of the BNS, 2023.
Answer: C
Section 3(5) of the BNS, 2023 embodies the principle of joint liability for acts done in furtherance of common intention, corresponding to the former Section 34 IPC.
Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) empowers the court to presume the existence of certain facts. The presumption that a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen is found in -
aIllustration (b) to Section 119.
bIllustration (a) to Section 119.
cIllustration (g) to Section 119.
dSection 117.
Answer: B
Illustration (a) to Section 119 of the BSA permits the court to presume that a person in possession of stolen goods soon after the theft is the thief or a guilty receiver, unless he accounts for his possession.
A witness has been examined-in-chief and then cross-examined by the adverse party. Under Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the examination of the witness by the party who called him, subsequent to the cross-examination, is termed -
arecall examination.
bexamination-in-chief.
cre-examination.
dcross-examination.
Answer: C
Section 142 of the BSA defines the three stages of examination of a witness; the examination by the party calling the witness after cross-examination is the re-examination.
Under Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a person is incompetent to testify only if -
ahe is below eighteen years of age.
bhe is prevented from understanding the questions put to him or from giving rational answers, by reason of tender years, extreme old age, disease of mind or body, or the like.
che is an accomplice in the offence.
dhe is interested in the result of the proceeding.
Answer: B
Section 124 of the BSA makes all persons competent to testify unless the court considers that they are prevented from understanding the questions or giving rational answers due to tender years, extreme old age, disease of mind or body, or the like.
Under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when a fact is discovered in consequence of information received from a person accused of an offence in the custody of a police officer, what portion of such information may be proved?
aOnly that part recorded in the immediate presence of a Magistrate.
bOnly that part which does not amount to a confession.
cThe whole of the information, since it led to a discovery.
dSo much of the information as relates distinctly to the fact thereby discovered, whether it amounts to a confession or not.
Answer: D
The proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) permits proof of only so much of the information as relates distinctly to the fact thereby discovered, irrespective of whether it amounts to a confession.
A confession made by an accused while in the custody of a police officer is, under Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) -
aadmissible only if it leads to the discovery of a fact.
balways admissible if voluntary.
cinadmissible in every circumstance.
dnot to be proved against him unless it is made in the immediate presence of a Magistrate.
Answer: D
Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) bars proof of a confession made in police custody against the accused unless it is made in the immediate presence of a Magistrate.
Under Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession made to a police officer -
ashall not be proved against a person accused of any offence.
bmay be proved if reduced to writing.
cmay be proved if made in the presence of two witnesses.
dshall be proved only against a co-accused.
Answer: A
Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides that no confession made to a police officer shall be proved as against a person accused of any offence.
For a statement as to the cause of death to be admissible as a dying declaration under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) -
athe declarant must have been under expectation of death at the time of the statement.
bit must have been recorded by a Magistrate.
cthe declarant must have died within twenty-four hours of making it.
dit is immaterial whether or not the person who made it was under expectation of death.
Answer: D
Under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a statement as to the cause of death or circumstances of the transaction is relevant whether or not the person was under expectation of death when it was made.
An accomplice, under Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) -
ais not a competent witness against the accused.
bis a competent witness, and a conviction is not illegal if it proceeds upon his corroborated testimony.
cis a competent witness only with the prior sanction of the State Government.
dis competent only if granted a pardon by the court.
Answer: B
Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides, in its enacted text, that an accomplice shall be a competent witness against an accused person and that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. This departs from the repealed Section 133 IEA phrasing ('uncorroborated'); Illustration (b) to Section 119 BSA likewise counsels that an accomplice is unworthy of credit unless corroborated in material particulars.
Under Section 119, Illustration (b) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the court may presume that -
ajudicial and official acts have been regularly performed.
ba man who is in possession of stolen goods soon after the theft is the thief.
can accomplice is unworthy of credit unless he is corroborated in material particulars.
dthe common course of business has been followed in a particular case.
Answer: C
Illustration (b) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) permits the court to presume that an accomplice is unworthy of credit unless corroborated in material particulars; the possession-of-stolen-goods presumption is Illustration (a).
The presumption under Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), as to the genuineness of a document and the signature/handwriting thereon, is attracted where the document is proved or purports to be -
athirty years old.
btwenty years old.
csixty years old.
dtwelve years old.
Answer: A
Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) raises a permissive presumption as to documents purporting or proved to be thirty years old, produced from proper custody.
Where the existence of any state of mind, body or bodily feeling is in issue, and a question arises which requires expert opinion, the court may, under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), take the opinion of a person specially skilled in -
athe interpretation of statutes.
blaw of any foreign country only.
cthe credibility of witnesses.
dforeign law, science or art, or as to identity of handwriting or finger impressions.
Answer: D
Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) makes the opinions of persons specially skilled in foreign law, science or art, or in questions of identity of handwriting or finger impressions, relevant.
When a person is accused of an offence and the existence of circumstances bringing his case within any General Exception of the Bharatiya Nyaya Sanhita, 2023 is in question, the burden of proving such circumstances is, under Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) -
aon the accused.
bon the prosecution.
con whichever party first asserts it.
don the court to determine suo motu.
Answer: A
Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) places on the accused the burden of proving the existence of circumstances bringing his case within a General Exception or any special exception or proviso.
In L. Chandra Kumar v. Union of India (1997), the Supreme Court held that -
adecisions of administrative tribunals are final and not subject to scrutiny by the High Court.
btribunals constituted under Articles 323A and 323B may exercise judicial review of legislative action to the exclusion of the High Courts.
cthe power of judicial review vested in the High Courts under Article 226 and in the Supreme Court under Article 32 is part of the basic structure and cannot be ousted.
dthe jurisdiction of the High Courts under Article 226 can be validly excluded by a constitutional amendment.
Answer: C
In L. Chandra Kumar, the Supreme Court held that judicial review under Articles 226/227 and 32 is an integral part of the basic structure; tribunal decisions remain subject to scrutiny by a Division Bench of the High Court.
Where any doubt arises whether a Bill is a Money Bill, whose decision is final and conclusive?
aThe President of India.
bThe Speaker of the Lok Sabha.
cThe Chairman of the Rajya Sabha.
dThe Finance Minister.
Answer: B
Under Article 110(3), if any question arises whether a Bill is a Money Bill, the decision of the Speaker of the House of the People (Lok Sabha) thereon is final.
A Money Bill passed by the Lok Sabha is transmitted to the Rajya Sabha. If the Rajya Sabha does not return it to the Lok Sabha within the prescribed period -
ait is deemed to have been passed by both Houses in the form in which it was passed by the Lok Sabha at the expiry of fourteen days.
bit is referred to a joint sitting of both Houses.
cthe Bill lapses and must be re-introduced.
dit stands rejected unless the President directs otherwise.
Answer: A
Under Article 109, if the Rajya Sabha does not return a Money Bill within fourteen days, it is deemed passed by both Houses in the form passed by the Lok Sabha.
In S.R. Bommai v. Union of India (1994), the nine-Judge Bench of the Supreme Court held that -
aa Proclamation under Article 356 is subject to judicial review and can be struck down if found to be mala fide or based on irrelevant grounds.
bthe satisfaction of the President under Article 356 is wholly subjective and immune from judicial review.
csecularism is not part of the basic structure of the Constitution.
dthe strength of a Ministry can be tested only on the subjective opinion of the Governor and not on the floor of the House.
Answer: A
In S.R. Bommai, the Court held that a Proclamation under Article 356 is judicially reviewable and may be struck down if mala fide; the majority must be tested by a floor test, and secularism is a basic feature.
A Judge of a High Court vacates office on attaining the age of -
afifty-eight years.
bsixty-five years.
csixty-two years.
dsixty years.
Answer: C
Under Article 217(1), a Judge of a High Court holds office until he attains the age of sixty-two years (raised from sixty by the Fifteenth Amendment, 1963).
Which one of the following statements regarding the territorial reach of a High Court's writ jurisdiction is correct?
aA High Court may issue a writ to an authority outside its territories where the cause of action, wholly or in part, arises within its territories.
bA High Court can never issue a writ to an authority situated outside its territorial jurisdiction.
cA High Court's writ jurisdiction is co-extensive with that of the Supreme Court throughout India.
dA High Court may issue a writ only when the petitioner resides within its jurisdiction.
Answer: A
Under Article 226(2), a High Court may issue a writ to an authority outside its territorial jurisdiction if the cause of action arises wholly or in part within its territories.
The doctrine of election under Section 35 of the Transfer of Property Act, 1882 rests on the principle that -
aa person who takes a benefit under an instrument must also bear the burden, and cannot take under and against the same instrument.
ba person may take a benefit under an instrument while rejecting the burden it imposes.
ca transfer to an unborn person must be preceded by a life interest.
dan unregistered transfer can be validated by the conduct of the parties.
Answer: A
The doctrine of election, codified in Section 35, requires that a person who takes a benefit under an instrument must also accept the burden it imposes; he cannot approbate and reprobate, that is, take under and against the same instrument.
A transferee of immovable property, believing in good faith that he is absolutely entitled thereto, makes improvements on it and is later evicted by a person having a better title. Under Section 51 of the Transfer of Property Act, 1882, the transferee is entitled to -
arequire the person causing the eviction either to pay the estimated value of the improvement or to sell his interest to the transferee at market value.
bretain possession of the property until the value of improvements is paid.
cno relief, since he had a defective title.
dclaim a charge over the property for double the value of the improvements.
Answer: A
Section 51 gives a bona fide transferee under a defective title, on eviction, the right to require the person causing the eviction either to have the value of the improvement estimated and paid or secured, or to sell his interest in the property to the transferee at the then market value.
Which of the following statements regarding the rule against perpetuity under Section 14 of the Transfer of Property Act, 1882 is correct?
aVesting may be postponed indefinitely so long as a life interest precedes it.
bVesting may be postponed up to a fixed period of one hundred years.
cThe rule has no application where the transfer is for charitable purposes alone.
dThe maximum period for which vesting may be postponed is the life or lives of persons living at the date of transfer plus the minority of the ultimate beneficiary.
Answer: D
Section 14 permits postponement of vesting only up to the lifetime of one or more persons living at the date of transfer plus the minority of the ultimate beneficiary who must be in existence at the expiration of that period; a transfer postponing vesting beyond this is void.
During the lifetime of his father, A sells to B for consideration his expectancy of inheriting his father's estate as the sole heir-apparent. After the father's death A succeeds to the estate and refuses to convey it to B. The transfer in favour of B is -
avalid, since A in fact later became the owner of the estate.
bvoidable at the instance of A's other relations.
cvoid under Section 6(a) of the Transfer of Property Act, 1882, being a mere chance of succession (spes successionis).
dvalid only to the extent of A's share if there are other heirs.
Answer: C
Under Section 6(a) of the Transfer of Property Act, 1882, the chance of an heir-apparent succeeding to an estate is a mere spes successionis and cannot be transferred; such a transfer is void. The subsequent acquisition of the estate does not validate it.
A, who has no title to certain land, fraudulently or erroneously represents to B that he is authorised to transfer it and sells it to B for consideration. The contract subsisting, A afterwards acquires a good title to the same land. Under Section 43 of the Transfer of Property Act, 1882 -
aB's only remedy is to recover the consideration with damages.
bthe transfer remains void because A had no title when he executed the sale.
cthe after-acquired title automatically vests in A and B has no claim over it.
dB may, at his option, require A to make good the transfer out of the interest A subsequently acquired, the rights of bona fide transferees for consideration without notice being protected.
Answer: D
Section 43 (feeding the grant by estoppel) allows the transferee, at his option, to have the transfer operate on any interest the transferor subsequently acquires during the subsistence of the contract, subject to the rights of bona fide transferees for value without notice.
While a suit relating directly and specifically to the title of certain immovable property is pending before a competent court, the defendant sells that property to a third person. The effect under Section 52 of the Transfer of Property Act, 1882 is that -
athe sale is void ab initio and confers no title whatsoever on the purchaser.
bthe sale is not by itself void, but the transferee is bound by the result of the suit and cannot affect the rights of the other party under the decree that may be passed.
cthe sale can be set aside only if the purchaser had actual knowledge of the suit.
dthe sale is valid and the purchaser takes free of the decree.
Answer: B
The doctrine of lis pendens in Section 52 does not render the transfer void; the transfer is valid as between the parties but the transferee takes the property subject to and bound by the result of the pending litigation.
A, with the implied consent of the real owner B, is held out as the ostensible owner of a house and sells it for consideration to C. C, after taking reasonable care to ascertain A's power to transfer, purchases in good faith. B later seeks to avoid the sale. Under Section 41 of the Transfer of Property Act, 1882 -
athe transfer is voidable, since A was not in truth the owner.
bthe transfer shall not be voidable on the ground that A was not authorised to make it.
cthe transfer is void, as only the true owner can convey title.
dthe transfer is valid only if it was effected by a registered instrument attested by B.
Answer: B
Section 41 protects a transferee for consideration from an ostensible owner who held the property with the express or implied consent of the real owner, provided the transferee acted in good faith after taking reasonable care to ascertain the transferor's power to transfer.
Where an agent makes a contract for the sale or purchase of goods for a merchant resident abroad, the Indian Contract Act, 1872 -
arequires the agent to disclose the principal before the contract binds anyone.
btreats the contract as void for uncertainty.
cpresumes that the agent is personally bound by such contract.
dpresumes that only the foreign principal is bound.
Answer: C
Section 230 presumes a contract to the contrary - making the agent personally liable - where the agent contracts for a merchant resident abroad, where the principal is undisclosed, or where the disclosed principal cannot be sued.
The bailment of goods as security for payment of a debt or performance of a promise is, under the Indian Contract Act, 1872, called -
aa hypothecation.
ba lien, the bailee being the lienor.
ca mortgage, the bailor being the mortgagor.
da pledge, the bailor being the pawnor and the bailee the pawnee.
Answer: D
Section 172 defines a pledge as the bailment of goods as security for payment of a debt or performance of a promise; the bailor is the pawnor and the bailee the pawnee.
A agrees with B to discover treasure by magic for a reward. The agreement is -
avoidable at the option of B.
bvalid if A genuinely believes in his powers.
cvoid, being an agreement to do an act impossible in itself.
denforceable only to the extent of part performance.
Answer: C
The first paragraph of Section 56 declares that an agreement to do an act impossible in itself is void ab initio, irrespective of the parties' knowledge.
Where a mercantile agent is, with the consent of the owner, in possession of goods and pledges them while acting in the ordinary course of business, the pledge is valid against the owner provided -
athe owner subsequently ratifies the pledge in writing.
bthe goods pledged are perishable in nature.
cthe pledge is reduced to a registered instrument.
dthe pawnee acts in good faith and has no notice that the pawnor lacked authority to pledge.
Answer: D
Section 178 validates a pledge by a mercantile agent in possession with the owner's consent, acting in the ordinary course of business, where the pawnee acts in good faith and without notice of the pawnor's want of authority.
An agreement of which the object or consideration is forbidden by law, or is of such a nature that, if permitted, it would defeat the provisions of any law, or is fraudulent, is -
avoidable at the option of the innocent party.
bvoid, the consideration or object being unlawful.
cvalid to the extent the lawful part can be severed.
denforceable with the sanction of the court.
Answer: B
Section 23 renders the consideration or object of an agreement unlawful, and the agreement void, where it is forbidden by law, would defeat the provisions of any law, is fraudulent, involves injury, or is immoral or opposed to public policy.
Under the Bharatiya Sakshya Adhiniyam, 2023, the opinions of persons specially skilled in foreign law, science, art or in identifying handwriting and finger impressions are treated as relevant facts under -
aSection 45
bSection 61
cSection 39
dSection 26
Answer: C
Section 39 of the BSA, 2023 (corresponding to Section 45 of the repealed Indian Evidence Act) makes expert opinion a relevant fact and defines such specially skilled persons as experts.
The maxim "audi alteram partem" embodies which principle of natural justice?
aThe greater contains the lesser.
bJustice delayed is justice denied.
cNo man shall be a judge in his own cause.
dHear the other side; no one should be condemned unheard.
Answer: D
"Audi alteram partem" means "hear the other side" and requires that no person be condemned without a fair opportunity of being heard; the other limb of natural justice, nemo judex in causa sua, is the rule against bias.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of "dowry death" is dealt with under -
aSection 64
bSection 80
cSection 85
dSection 103
Answer: B
Section 80 BNS defines dowry death (death of a woman by burns/bodily injury or otherwise than under normal circumstances within seven years of marriage, preceded by cruelty for dowry) and prescribes imprisonment of not less than seven years extendable to life.
A "holograph" or holographic will is one which is -
awholly in the handwriting of the testator.
battested by at least three witnesses.
cexecuted jointly by husband and wife.
dregistered compulsorily under the Registration Act.
Answer: A
A holographic will is a will written entirely in the testator's own handwriting; such a will carries intrinsic evidence of its genuineness because of the handwriting.
Under the Bharatiya Sakshya Adhiniyam, 2023, the provision relating to how much of the information received from an accused in police custody may be proved (corresponding to the former Section 27 of the Indian Evidence Act) now appears as -
aSection 63.
bSection 39.
cSection 27 retained verbatim.
dthe proviso to Section 23.
Answer: D
Under the BSA, the rule that so much of the information leading to discovery of a fact may be proved (old Section 27 IEA) is incorporated as the proviso to Section 23, which otherwise bars confessions made to police.
The first woman to be appointed a judge of the Supreme Court of India was -
aJustice Anna Chandy.
bJustice Ruma Pal.
cJustice Leila Seth.
dJustice M. Fathima Beevi.
Answer: D
Justice M. Fathima Beevi, who hailed from Kerala, was elevated to the Supreme Court in 1989 as the first woman judge of the apex court; Leila Seth was the first woman Chief Justice of a State High Court.
In a certain code language, 'JUDGE' is written as 'MXGJH'. How is 'COURT' written in that same code?
aFRUXW
bFQXUW
cFRXUW
dERXUW
Answer: C
Each letter is shifted three positions forward in the alphabet (J+3=M, U+3=X, D+3=G, G+3=J, E+3=H). Applying +3 to COURT gives F, R, X, U, W = FRXUW.
Q84Reasoning & Mental Ability
Pointing to a photograph, a Magistrate said, "She is the daughter of the only son of my grandmother." How is the woman in the photograph related to the Magistrate?
aSister
bNiece
cCousin
dDaughter
Answer: A
The only son of the Magistrate's grandmother is the Magistrate's father; the daughter of the Magistrate's father is the Magistrate's sister.
Q85Reasoning & Mental Ability
If in a leap year the first day of January is a Wednesday, on what day of the week will the last day of that same year (31 December) fall?
aWednesday
bTuesday
cThursday
dFriday
Answer: C
A leap year has 366 days, which is 52 weeks plus 2 odd days. Adding 2 days to Wednesday (1 January) gives Thursday for 31 December.
Q86Reasoning & Mental Ability
Find the missing number in the series: 3, 8, 18, 38, 78, ?
a138
b158
c168
d148
Answer: B
Each term is obtained by doubling the previous term and adding 2 (3×2+2=8, 8×2+2=18, ... 78×2+2=158).
Q87Reasoning & Mental Ability
Five advocates A, B, C, D and E are seated in a row facing north. C is to the immediate right of D. B is at an extreme end and has A as his neighbour. E is between A and C. Who is sitting in the middle of the row?
aA
bD
cC
dE
Answer: D
The only consistent arrangement from left to right is B, A, E, C, D. The person in the middle (third position) is E.
Q88Specific Relief Act
After the Specific Relief (Amendment) Act, 2018, Section 10 of the Specific Relief Act, 1963 now provides that the specific performance of a contract -
amay, in the discretion of the court, be enforced.
bshall be enforced only where there exists no standard for ascertaining actual damage.
cshall be enforced only where compensation in money is not an adequate relief.
dshall be enforced by the court subject to sub-section (2) of Section 11, Section 14 and Section 16.
Answer: D
The 2018 Amendment recast Section 10 so that specific performance is now a rule rather than a discretionary remedy: it 'shall be enforced by the court' subject to Section 11(2), Section 14 and Section 16. The old adequacy-of-money and ascertainable-damage tests (former Explanation to Section 10) were deleted.
Which one of the following contracts can still NOT be specifically enforced under Section 14 of the Specific Relief Act, 1963 as amended in 2018?
aA contract for the transfer of immovable property where money compensation is in fact adequate.
bA contract which in its nature is determinable.
cA contract for the sale of immovable property of which the defendant is in possession.
dA contract relating to immovable property merely because it is of considerable value.
Answer: B
Post-2018 Section 14 retains the bar on specifically enforcing a contract which is 'in its nature determinable', along with contracts of substituted performance already obtained, contracts requiring continuous court-supervised duty, and contracts dependent on personal qualifications. Adequacy of money is no longer a bar.
A party who suffers by the breach of a contract may, under Section 20 of the Specific Relief Act, 1963 (as substituted in 2018), get the contract performed by a third party or by his own agency and recover the expenses from the defaulting party. Before exercising this option of substituted performance, he must -
aobtain prior permission of the court.
bdeposit the cost of substituted performance in court.
cgive a notice in writing of not less than thirty days to the party in breach calling upon him to perform.
dfirst obtain a decree for specific performance and then await its non-compliance.
Answer: C
Section 20(2) requires the aggrieved party to give notice in writing of not less than thirty days to the party in breach calling upon him to perform within such time; only on his refusal or failure can substituted performance be undertaken and the expenses recovered. No prior court permission or decree is needed.
Section 14A, inserted into the Specific Relief Act, 1963 by the Amendment of 2018, empowers the court to -
aappoint a receiver of the property forming the subject of the contract.
baward punitive damages in addition to specific performance.
cengage one or more experts to assist it on any specific issue involved in the suit and secure the attendance of the expert.
dtransfer a suit for specific performance to a Special Court.
Answer: C
Newly inserted Section 14A allows the court, in any suit under the Act, to engage one or more experts to obtain an opinion or report on any specific issue, and to direct payment of the expert's fees and the expert's attendance for evidence. This is a 2018 procedural innovation.
After the 2018 Amendment, with regard to 'readiness and willingness' under Section 16(c) of the Specific Relief Act, 1963, the plaintiff seeking specific performance -
amust prove that he has performed or has always been ready and willing to perform the essential terms of the contract.
bneed neither aver nor prove readiness and willingness, the requirement having been deleted.
cmust only aver readiness and willingness in the plaint; proof is unnecessary.
dmust prove readiness and willingness only where time is the essence of the contract.
Answer: A
The 2018 Amendment altered the Explanation to Section 16(c) so that the plaintiff must 'prove' that he has performed or has always been ready and willing to perform the essential terms; the earlier requirement of a formal averment in the plaint was relaxed, but proof of readiness and willingness remains mandatory.
Under Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965, where the appellate authority empowered under Section 18 is a Subordinate Judge, the revisional power against orders passed under the Act is exercisable by -
athe Court of Session.
bthe High Court of Kerala alone, in all cases.
cthe District Court.
dthe Government by way of administrative revision.
Answer: C
Section 20(1) provides that where the appellate authority is a Subordinate Judge, revision lies to the District Court, and in other cases to the High Court.
A tenant against whom an eviction application has been filed under Section 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965 wishes to contest the application and, if necessary, appeal. Under Section 12, the tenant shall not be entitled to contest the application or to prefer an appeal under Section 18 unless he -
adeposits double the monthly rent as advance with the Rent Control Court.
bobtains the prior leave of the appellate authority to defend.
cfurnishes security for the entire claim made by the landlord.
dpays or deposits all arrears of rent admitted by him to be due and continues to pay or deposit rent that subsequently becomes due, till termination of the proceedings.
Answer: D
Section 12 disentitles the tenant from contesting the eviction application or appealing under Section 18 unless he pays or deposits all arrears of rent admitted to be due and continues to pay or deposit subsequently accruing rent until the proceedings terminate.
Under the Explanation to the definition of 'landlord' in Section 2 of the Kerala Buildings (Lease and Rent Control) Act, 1965, a tenant who sub-lets the building -
aceases to be a tenant for all purposes of the Act.
bautomatically forfeits his tenancy by operation of law.
cis treated as the agent of the original landlord.
dshall be deemed to be a landlord within the meaning of the Act in relation to the sub-tenant.
Answer: D
The Explanation to the definition of 'landlord' in Section 2(3) deems a tenant who sub-lets to be a landlord, within the meaning of the Act, in relation to his sub-tenant.
Every order made under Section 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965 and every order passed on appeal or revision is, under Section 14, to be executed by the Munsiff (or Principal Munsiff) having original jurisdiction over the area as if it were a decree passed by him. The proviso to Section 14 further provides that an order passed in execution under that section -
ashall be subject to an appeal but not to revision.
bshall be subject to a fresh application under Section 11 only.
cshall be final and not subject to either appeal or revision.
dshall not be subject to appeal but shall be subject to revision by the Court to which appeals ordinarily lie against the decisions of the said Munsiff.
Answer: D
The proviso to Section 14 expressly bars an appeal against an order passed in execution but makes it subject to revision by the Court to which appeals against that Munsiff's decisions ordinarily lie.
The maximum punishment prescribed for the offence of dishonour of a cheque under Section 138 of the Negotiable Instruments Act, 1881 is -
afine up to twice the amount of the cheque only.
bimprisonment up to one year, or fine up to the amount of the cheque, or both.
cimprisonment up to three years and fine up to twice the amount of the cheque.
dimprisonment up to two years, or fine which may extend to twice the amount of the cheque, or both.
Answer: D
Section 138 prescribes punishment with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both.
No court shall take cognizance of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 except -
aupon a report in writing by a police officer after investigation.
bupon a complaint made orally or in writing by any aggrieved person.
csuo motu by the Magistrate on information of dishonour.
dupon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque.
Answer: D
Section 142(1)(a) provides that cognizance of a Section 138 offence shall be taken only upon a complaint in writing made by the payee or the holder in due course of the cheque.
The trial of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 shall be conducted by -
aan Executive Magistrate specially empowered in this behalf.
bno court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class.
cthe Court of Session having jurisdiction.
dany Judicial Magistrate of the second class.
Answer: B
Section 142(2) provides that no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try an offence punishable under Section 138.
In a trial of a complaint under Section 138 of the Negotiable Instruments Act, 1881, the Court is empowered under Section 143A to direct the drawer of the cheque to pay interim compensation to the complainant, which shall not exceed -
atwenty-five per cent of the amount of the cheque.
bten per cent of the amount of the cheque.
cfifty per cent of the amount of the cheque.
dtwenty per cent of the amount of the cheque.
Answer: D
Section 143A (inserted in 2018) empowers the Court to direct the drawer to pay interim compensation which shall not exceed twenty per cent of the amount of the cheque.
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