Kerala Judiciary Mock Test 10 — Questions & Solutions
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Under Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where an offence is punishable with imprisonment of less than three years and the person is infirm or above sixty years of age, no arrest shall be made except with the prior permission of an officer not below the rank of -
aSuperintendent of Police
bDeputy Superintendent of Police
cSub-Inspector of Police
dInspector of Police
Answer: B
Section 35(7) BNSS provides that for an offence punishable with less than three years where the person is infirm or above sixty years, arrest requires the prior permission of an officer not below the rank of Deputy Superintendent of Police.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where a person is accused of a cognizable offence punishable with imprisonment of less than three years and such person is infirm or above sixty years of age, an arrest shall not be made -
awithout the prior permission of the Judicial Magistrate of the first class.
bwithout the prior sanction of the District Magistrate.
cin any circumstances whatsoever.
dwithout the prior permission of an officer not below the rank of Deputy Superintendent of Police.
Answer: D
The proviso to Section 35(7) BNSS, 2023 prohibits arrest of an infirm person or one above sixty years for an offence punishable with imprisonment of less than three years without the prior permission of an officer not below the rank of Deputy Superintendent of Police.
In respect of an offence punishable with death, imprisonment for life or imprisonment for a term of ten years or more, an accused acquires an indefeasible right to be released on default bail under Section 187 BNSS if the investigation is not completed within -
asixty days.
bseventy-five days.
cone hundred and eighty days.
dninety days.
Answer: D
Under the proviso to Section 187(3) BNSS, the period for completion of investigation is ninety days for offences punishable with death, life imprisonment, or imprisonment for ten years or more, and sixty days for other offences; on default the accused is entitled to bail.
A Judicial Magistrate of the first class, under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, may pass a sentence of imprisonment for a term not exceeding -
atwo years, or fine not exceeding twenty-five thousand rupees.
bseven years, or fine not exceeding one lakh rupees.
cone year, or fine not exceeding ten thousand rupees.
dthree years, or fine not exceeding fifty thousand rupees.
Answer: D
Section 23(2) BNSS empowers a Magistrate of the first class to pass a sentence of imprisonment up to three years, or fine not exceeding fifty thousand rupees, or both, or community service.
Information relating to the commission of a cognizable offence may now be registered at any police station irrespective of the area where the offence is committed (the so-called 'Zero FIR'), under -
aSection 190 BNSS.
bSection 196 BNSS.
cSection 154 BNSS.
dSection 173 BNSS.
Answer: D
Section 173(1) BNSS, 2023 gives statutory recognition to the Zero FIR by allowing registration of information on a cognizable offence irrespective of the territorial jurisdiction where the offence was committed.
Under the proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, before taking cognizance of an offence upon a complaint, the Magistrate is required to -
agive the accused an opportunity of being heard.
btransfer the complaint to the Court of Session.
cforward the complaint to the police for investigation in every case.
dexamine only the complainant and dispense with witnesses.
Answer: A
The first proviso to Section 223(1) BNSS introduces a new safeguard requiring the Magistrate to afford the accused an opportunity of being heard before cognizance is taken on a complaint, a departure from the old Section 200 CrPC.
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a first-time offender (one never previously convicted of any offence) shall be released on bond by the Court where he has undergone detention up to -
aone-third of the maximum period of imprisonment specified for the offence.
btwo-thirds 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: A
The first proviso to Section 479(1) BNSS provides that a first-time offender shall be released on bond once he has undergone detention up to one-third of the maximum period of imprisonment prescribed for that offence.
An application for anticipatory bail, i.e. direction for release of a person apprehending arrest on accusation of a non-bailable offence, lies under the Bharatiya Nagarik Suraksha Sanhita, 2023 under -
aSection 482 BNSS.
bSection 438 BNSS.
cSection 480 BNSS.
dSection 483 BNSS.
Answer: A
Section 482 BNSS, 2023 (corresponding to the erstwhile Section 438 CrPC) empowers the High Court or the Court of Session to grant anticipatory bail to a person apprehending arrest.
Where an offence is punishable with imprisonment which may extend up to seven years and the police officer proposes not to arrest the accused, he is required to issue a notice directing the person to appear, under -
aSection 41 BNSS.
bSection 41A BNSS.
cSection 50 BNSS.
dSection 35(3) BNSS.
Answer: D
Section 35(3) BNSS requires issuance of a notice of appearance where arrest is not required for a cognizable offence punishable with imprisonment up to seven years; the Supreme Court has held such notice mandatory in such cases.
Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a trial in absentia of a proclaimed offender may be commenced only after the expiry of -
athirty days from the date of framing of the charge.
bninety days from the date of framing of the charge.
csixty days from the date of framing of the charge.
done hundred and eighty days from the date of issue of proclamation.
Answer: B
Section 356 BNSS permits inquiry, trial or judgment in absentia of a proclaimed offender, but the trial may commence only on expiry of ninety days from the date of framing of the charge.
Under Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, on receipt of information about an offence punishable with imprisonment of seven years or more, it is mandatory that -
athe accused be produced before the Magistrate within six hours.
bthe investigation be transferred to the Central Bureau of Investigation.
ca forensic expert visits the crime scene and the process is videographed.
dthe trial be conducted only by the Court of Session.
Answer: C
Section 176(3) BNSS mandates that for offences punishable with imprisonment of seven years or more, a forensic expert shall visit the crime scene to collect evidence and the process shall be videographed.
Under Section 184 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where rape or attempt to commit rape is under investigation, the victim woman shall be sent to a registered medical practitioner for examination within -
asix hours from the time of receiving the information.
bforty-eight hours from the time of receiving the information.
ctwelve hours from the time of receiving the information.
dtwenty-four hours from the time of receiving the information.
Answer: D
Section 184 BNSS requires that the woman be sent to a registered medical practitioner within twenty-four hours from the receipt of information relating to the offence, with consent of the woman or a competent person.
Under the proviso to Section 346(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the circumstances are beyond the control of a party, the number of adjournments that the Court may grant after hearing is limited to -
ano limit is prescribed.
bnot more than three adjournments.
cnot more than two adjournments.
dnot more than one adjournment.
Answer: C
Section 346(2) BNSS introduces a cap providing that, where circumstances are beyond the control of a party, not more than two adjournments may be granted by the Court after hearing.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the total period of detention in police custody that a Magistrate may authorise cannot, in any case, exceed -
afifteen days.
bthirty days.
csixty days.
dseven days.
Answer: A
Section 187(2) BNSS retains the cap that detention in the custody of the police shall not exceed fifteen days in the whole, though under BNSS this may be sought in parts during the initial period of remand.
Under Section 35(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a police officer may arrest a person without an order from a Magistrate and without a warrant -
ain respect of any non-cognizable offence on credible information.
bonly after obtaining sanction of the Superintendent of Police.
cwho commits a cognizable offence in the presence of such police officer.
donly where the offence is punishable with death or life imprisonment.
Answer: C
Section 35(1)(a) BNSS allows a police officer to arrest without warrant a person who commits a cognizable offence in the presence of the officer; a person involved in a non-cognizable offence cannot be so arrested.
A Magistrate of the second class, under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, may pass a sentence of imprisonment for a term not exceeding -
asix months, or fine not exceeding five thousand rupees.
btwo years, or fine not exceeding twenty thousand rupees.
cone year, or fine not exceeding ten thousand rupees.
dthree years, or fine not exceeding fifty thousand rupees.
Answer: C
Section 23(3) BNSS empowers a Magistrate of the second class to pass a sentence of imprisonment up to one year, or fine not exceeding ten thousand rupees, or both, or community service.
A defendant fails to file his written statement within thirty days of service of summons in an ordinary civil suit. Under the proviso to Order VIII Rule 1 CPC, the Court may allow him to file it on a later day, but not later than -
athe date of framing of issues.
bninety days from the date of service of summons.
csixty days from the date of service of summons.
done hundred and twenty days from the date of service of summons.
Answer: B
The proviso to Order VIII Rule 1 CPC permits filing of the written statement on a later day, for recorded reasons, but not later than ninety days from the date of service of summons; in ordinary (non-commercial) suits this period has been held directory.
Under Section 96(4) CPC, no appeal lies (except on a question of law) from a decree in a suit of the nature cognizable by Courts of Small Causes where the value of the subject-matter of the original suit does not exceed -
atwenty thousand rupees.
bone thousand rupees.
cten thousand rupees.
dthree thousand rupees.
Answer: C
Section 96(4) CPC (as amended in 1976) bars an appeal except on a question of law from a decree in a small-cause-nature suit where the value of the subject-matter does not exceed ten thousand rupees.
Notwithstanding anything in any Letters Patent for a High Court, Section 100A CPC provides that where an appeal from an original or appellate decree or order is heard and decided by a single Judge of a High Court -
aa further intra-court (Letters Patent) appeal shall lie to a Division Bench.
bno further appeal shall lie from the judgment and decree of such single Judge.
ca further appeal lies only with a certificate of fitness.
da further appeal lies directly to the Supreme Court as of right.
Answer: B
Section 100A CPC has an overriding effect over the Letters Patent and provides that no further appeal shall lie from the judgment and decree of a single Judge of a High Court who has heard and decided an appeal from an original or appellate decree or order.
Under the proviso to Section 115 CPC, the High Court shall not, under its revisional power, vary or reverse any order made in the course of a suit except where the order, if made in favour of the party applying for revision, would -
ahave been appealable as a decree.
bhave affected the jurisdiction of the trial court.
chave finally disposed of the suit or other proceeding.
dhave caused irreparable injury to that party.
Answer: C
The proviso to Section 115 CPC permits revisional interference with an interlocutory order only where the order, if made in favour of the applicant, would have finally disposed of the suit or other proceeding.
On the variation, reversal or modification of a decree in appeal, the party entitled to a benefit by way of restitution may apply for it under Section 144 CPC. The application is to be made to -
aany court within whose limits the decree-holder resides.
bthe High Court in its supervisory jurisdiction.
cthe appellate court which passed the order of reversal.
dthe court which passed the decree or order varied or reversed (the court of first instance).
Answer: D
Section 144 CPC requires the application for restitution to be made to the court which passed the decree or order that has since been varied or reversed in appeal or otherwise.
Where a period is fixed or granted by the Court for the doing of any act prescribed or allowed by the Code, Section 148 CPC empowers the Court to enlarge that period, even though originally fixed, by a period not exceeding in total -
aninety days.
bsixty days.
cthirty days.
dfifteen days.
Answer: C
Section 148 CPC permits the Court, in its discretion, to enlarge a period fixed for the doing of an act, even if the period originally fixed has expired, but the total enlargement shall not exceed thirty days.
bto set aside a decree on the ground that the compromise on which the decree is based was not lawful.
cfor partition where a preliminary decree has been passed.
dfor specific performance after withdrawal of an earlier suit.
Answer: B
Order XXIII Rule 3A CPC provides that no suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful; the grievance must be raised before the court that passed the decree.
Which of the following is NOT liable to attachment and sale in execution of a decree under the proviso to Section 60(1) CPC?
aHouses and other buildings belonging to the judgment-debtor and occupied by him, where he is an agriculturist.
bMoney lying to the credit of the judgment-debtor in a bank.
cShares held by the judgment-debtor in a company.
dA motor car owned by the judgment-debtor used for personal travel.
Answer: A
Clause (ccc) of the proviso to Section 60(1) CPC exempts from attachment and sale the houses and other buildings belonging to an agriculturist, labourer or domestic servant and occupied by him; the other items remain attachable.
Order I Rule 10(2) CPC empowers the Court to add a party -
aat any stage of the proceedings, either upon or without application, whose presence is necessary to enable it to effectually and completely adjudicate upon the questions involved.
bonly where the proposed party consents in writing to be joined.
conly on the application of the plaintiff, who is dominus litis.
donly before the settlement of issues and never thereafter.
Answer: A
Order I Rule 10(2) CPC allows the Court, at any stage and even without an application, to order that the name of any person who ought to have been joined or whose presence is necessary to enable the Court to effectually and completely adjudicate upon the questions be added as a party.
A plaintiff proposes to institute a suit against the State of Kerala for damages in respect of an act done by a public officer purporting to act in his official capacity. Under Section 80(1) CPC, the suit cannot be instituted until the expiration of how long after notice in writing has been delivered to, or left at the office of, the prescribed authority?
aOne month
bSix months
cThree months
dTwo months
Answer: D
Section 80(1) CPC bars institution of such a suit until the expiration of two months after the statutory notice in writing has been delivered or left at the office of the appropriate authority. The notice must state the cause of action, the plaintiff's name, description and place of residence, and the relief claimed.
In a suit of a nature cognisable by a Court of Small Causes where the amount or value of the subject-matter of the original suit does not exceed ten thousand rupees, an appeal from the decree under Section 96(4) CPC -
alies only on a question of law
blies as of right on both questions of law and of fact
cdoes not lie at all
dlies only with the leave of the appellate court
Answer: A
Section 96(4) CPC provides that no appeal shall lie, except on a question of law, from a decree in any suit of the nature cognisable by Courts of Small Cause when the value of the subject-matter of the original suit does not exceed ten thousand rupees.
An immovable property is sold in execution of a decree. A person claiming an interest in the property applies under Order 21 Rule 89 CPC to set aside the sale by depositing the requisite amounts. To obtain an order setting aside the sale as of right, the deposit must be made within -
athirty days from the date of sale
bsixty days from the date of confirmation of sale
cfifteen days from the date of sale
dninety days from the date of sale
Answer: A
Order 21 Rule 89 requires deposit of five per cent of the purchase-money for the purchaser and the amount specified in the proclamation for the decree-holder; under Rule 92 read with the limitation, the deposit within thirty days from the date of sale entitles the applicant to have the sale set aside.
Under Section 9 CPC, civil courts have jurisdiction to try all suits of a civil nature except those of which their cognizance is -
abarred by a notification of the State Government
bexpressly barred only
ceither expressly or impliedly barred
dimpliedly barred only
Answer: C
Section 9 CPC confers jurisdiction on civil courts to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. A suit is expressly barred when prohibited by an enactment, and impliedly barred where exclusion is indicated indirectly.
Where an appeal from an appellate decree is heard and decided by a Single Judge of the High Court of Kerala, the maintainability of a further intra-court (Letters Patent) appeal is governed by which provision of the CPC?
aSection 96, which permits an appeal from every original decree
bSection 100A, which bars any further appeal notwithstanding the Letters Patent
cSection 104, which lists appealable orders
dSection 115, which preserves the revisional jurisdiction
Answer: B
Section 100A CPC, by its non-obstante clause, provides that notwithstanding anything in any Letters Patent, where an appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court, no further appeal shall lie from that judgment and decree.
Under the Bharatiya Nyaya Sanhita, 2023, theft is said to be "snatching" if, in order to commit theft, the offender suddenly or quickly or forcibly seizes, secures, grabs or takes away any movable property from a person or from his possession. Whoever commits snatching is punishable, under Section 304, with imprisonment which may extend to -
athree years.
bseven years.
cone year.
dtwo years.
Answer: A
Section 304(2) of the BNS, 2023 prescribes imprisonment of either description for a term which may extend to three years, and also fine, for the new aggravated form of theft called snatching.
A novel mode of punishment, not found in the Indian Penal Code, 1860, has been introduced as one of the punishments to which offenders are liable under Section 4 of the Bharatiya Nyaya Sanhita, 2023. That punishment is -
apublic censure.
bcommunity service.
chouse arrest.
dsolitary confinement.
Answer: B
Section 4 of the BNS, 2023 lists six punishments, and community service is the newly added one not present under the IPC; the others are death, imprisonment for life, imprisonment, forfeiture of property and fine.
Which one of the following statements regarding the offence corresponding to the erstwhile Section 124A IPC (sedition) is correct under the Bharatiya Nyaya Sanhita, 2023?
aThe offence of sedition has been retained in identical terms under Section 152 BNS.
bSedition continues as a separate offence punishable only with fine.
cSection 152 BNS penalises acts endangering the sovereignty, unity and integrity of India, and is punishable with imprisonment for life or imprisonment up to seven years and fine.
dThere is no provision in the BNS dealing with acts threatening the sovereignty of India.
Answer: C
Section 152 of the BNS, 2023 replaces the offence of sedition and punishes exciting secession, armed rebellion or subversive activities endangering India's sovereignty, unity and integrity with imprisonment for life or up to seven years and fine.
Whoever, by deceitful means or by making a promise to marry a woman without any intention of fulfilling the same, has sexual intercourse with her, such intercourse not amounting to rape, commits an offence under the Bharatiya Nyaya Sanhita, 2023 punishable under -
aSection 69.
bSection 74.
cSection 64.
dSection 63.
Answer: A
Section 69 of the BNS, 2023 is a new offence punishing sexual intercourse obtained by deceitful means or by a false promise of marriage, with imprisonment which may extend to ten years and fine.
Under Section 106(2) of the Bharatiya Nyaya Sanhita, 2023, a person who causes death of any other person by rash and negligent driving of a vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or Magistrate soon after the incident, is liable to imprisonment which may extend to -
aseven years.
bfive years.
cten years.
dtwo years.
Answer: C
Section 106(2) BNS, 2023 (the "hit-and-run" provision) prescribes imprisonment which may extend to ten years and fine where the offender flees without reporting the incident; the general offence under Section 106(1) carries up to five years.
Whoever abets the commission of suicide of a child or a person of unsound mind commits an offence under Section 107 of the Bharatiya Nyaya Sanhita, 2023, which is punishable with -
adeath, or imprisonment for life, or imprisonment up to ten years, and fine.
bimprisonment up to one year and fine only.
cimprisonment up to seven years only.
dimprisonment up to three years and fine.
Answer: A
Section 107 of the BNS, 2023 punishes abetment of suicide of a child or a person of unsound mind, intoxicated or delirious, with death, imprisonment for life, or imprisonment up to ten years, and fine.
Voluntarily causing grievous hurt by use of acid, etc., is punishable under Section 124(1) of the Bharatiya Nyaya Sanhita, 2023 with imprisonment for a term which -
ashall not be less than ten years but which may extend to imprisonment for life, and with fine.
bmay extend to three years, or with fine, or with both.
cmay extend to two years, or with fine, or with both.
dshall not be less than five years but which may extend to seven years.
Answer: A
Section 124(1) of the BNS, 2023 punishes voluntarily causing grievous hurt by acid with imprisonment of not less than ten years extending to life and with fine just and reasonable to meet the victim's medical expenses; the mere attempt under Section 124(2) carries five to seven years.
In a prosecution under the Bharatiya Nyaya Sanhita, 2023 it is established that a woman died of burns otherwise than under normal circumstances, and that soon before her death she was subjected to cruelty by her husband in connection with a demand for dowry. To convict the husband for dowry death under Section 80, the death must have occurred -
awithin five years of her marriage.
bwithin seven years of her marriage.
cwithin three years of her marriage.
dat any time during the subsistence of the marriage.
Answer: B
Section 80 of the BNS, 2023 retains the requirement that death by burns or bodily injury, or otherwise than under normal circumstances, occur within seven years of marriage; the punishment is imprisonment of not less than seven years extending to life.
Which of the following statements about culpable homicide and murder under the Bharatiya Nyaya Sanhita, 2023 is untrue?
aPunishment for murder is provided in Section 103.
bCulpable homicide is defined in Section 100 and murder in Section 101.
cPunishment for culpable homicide not amounting to murder is provided in Section 105.
dMurder is punishable under Section 302 and culpable homicide under Section 304 of the Sanhita.
Answer: D
The untrue statement is (d): under the BNS, 2023 the definitions and punishments shifted, with culpable homicide in Section 100, murder in Section 101, punishment for murder in Section 103 and for culpable homicide not amounting to murder in Section 105; Sections 302 and 304 BNS deal with snatching-related offences, not these.
The offence of defamation, with its definition, exceptions and punishment, is dealt with under the Bharatiya Nyaya Sanhita, 2023 in -
aSection 500.
bSection 499.
cSection 356.
dSection 354.
Answer: C
Section 356 of the BNS, 2023 now contains defamation, retaining the definition and the ten exceptions, and notably permits community service as a punishment in addition to simple imprisonment up to two years or fine.
Under Section 106(1) of the Bharatiya Nyaya Sanhita, 2023, where death is caused by a rash or negligent act not amounting to culpable homicide by a registered medical practitioner while performing a medical procedure, he shall be punished with imprisonment of either description for a term which may extend to
afive years, and shall also be liable to fine
btwo years, and shall also be liable to fine
cseven years, and shall also be liable to fine
dten years, and shall also be liable to fine
Answer: B
While the general punishment under Section 106(1) BNS for causing death by a rash or negligent act is up to five years, a special carve-out limits a registered medical practitioner acting in the course of a medical procedure to imprisonment up to two years and fine.
Section 304 of the Bharatiya Nyaya Sanhita, 2023 makes 'snatching' a distinct offence where, in order to commit theft, the offender suddenly or quickly or forcibly seizes, secures, grabs or takes away movable property. The punishment prescribed is imprisonment of either description which may extend to
afive years, and fine
bthree years, and fine
ctwo years, and fine
done year, and fine
Answer: B
Section 304(2) BNS punishes snatching with imprisonment of either description up to three years and fine; snatching is a newly created offence having no direct counterpart in the IPC.
Section 112 of the Bharatiya Nyaya Sanhita, 2023 (petty organised crime), newly introduced with no equivalent in the Indian Penal Code, prescribes for whoever commits any petty organised crime punishment of imprisonment for a term
awhich may extend to one year, or fine, or both
bwhich may extend to three years, and fine
cwhich shall not be less than two years but may extend to ten years, and fine
dwhich shall not be less than one year but may extend to seven years, and fine
Answer: D
Section 112(2) BNS punishes petty organised crime with imprisonment of not less than one year extending up to seven years, and fine; the offence covers acts such as pick-pocketing, ATM card skimming and unauthorised ticket sale by gangs.
In a criminal prosecution, the accused seeks to lead evidence that he is a person of good character. Under the Bharatiya Sakshya Adhiniyam, 2023, such evidence of good character is -
arelevant.
brelevant only after the prosecution attacks his character.
cirrelevant in all criminal cases.
dconclusive proof of innocence.
Answer: A
Section 47 BSA provides that in criminal proceedings the fact that the accused person is of good character is relevant.
A court takes notice of the territorial divisions of India and the commencement of the various laws in force therein without requiring any party to prove them by evidence. This is permissible under the Bharatiya Sakshya Adhiniyam, 2023 because such facts -
aare admissions under Section 15.
bconstitute secondary evidence under Section 58.
care presumptions of fact under Section 119.
dare facts of which the court shall take judicial notice under Section 52.
Answer: D
Section 52 BSA enumerates facts of which the court shall take judicial notice; such facts need not be proved by the parties.
Under the Bharatiya Sakshya Adhiniyam, 2023, "primary evidence" of the contents of a document means -
athe document itself produced for the inspection of the Court.
ban oral account of the contents by a person who saw it.
ca certified copy of the document.
dany counterpart of the document as against the party who did not execute it.
Answer: A
Section 57 BSA defines primary evidence as the document itself produced for the inspection of the Court; where a record is stored across multiple files, each such file is primary evidence.
Which of the following is NOT secondary evidence within the meaning of the Bharatiya Sakshya Adhiniyam, 2023?
aCertified copies given under the provisions of the Act.
bOral accounts of the contents of a document given by a person who has himself seen it.
cThe original document itself produced for inspection of the Court.
dCopies made from the original by mechanical processes.
Answer: C
Section 58 BSA lists secondary evidence (certified copies, mechanical copies, oral accounts of contents, etc.); the original document itself produced for inspection is primary evidence under Section 57, not secondary.
A document purporting to be thirty years old is produced from custody which the court considers proper. Under the Bharatiya Sakshya Adhiniyam, 2023, in such a case the court -
ashall presume that the signature and execution are genuine.
bcannot draw any presumption until execution is independently proved.
cmay presume that the signature and every part in a person's handwriting is genuine and that it was duly executed and attested.
dmust treat the document as conclusive proof of its execution.
Answer: C
Section 92 BSA provides that where a document thirty years old is produced from proper custody, the court may presume that the signature and other handwriting are genuine and that it was duly executed and attested.
Whoever desires any court to give judgment as to a legal right or liability dependent on the existence of facts which he asserts, bears the burden of proof. This general rule is contained in which provision of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 139
bSection 104
cSection 108
dSection 116
Answer: B
Section 104 BSA lays down the general rule of burden of proof: it lies on the person who would fail if no evidence at all were given on either side / who asserts the existence of facts.
An accused charged with culpable homicide pleads that the act was done in the exercise of the right of private defence, a General Exception under the Bharatiya Nyaya Sanhita, 2023. Under the Bharatiya Sakshya Adhiniyam, 2023, the burden of proving the existence of circumstances bringing the case within that exception -
ais shared equally between prosecution and defence.
blies on the prosecution throughout.
cdoes not arise until the accused is convicted.
dlies on the accused, and the court shall presume the absence of such circumstances.
Answer: D
Section 108 BSA places on the accused the burden of proving that his case falls within a General Exception or special exception of the Bharatiya Nyaya Sanhita, 2023, and the court shall presume the absence of such circumstances.
When a person is born during the continuance of a valid marriage between his mother and any man, the Bharatiya Sakshya Adhiniyam, 2023 treats this fact as -
amerely an admission of paternity.
birrelevant to the question of legitimacy.
ca fact of which the court may presume legitimacy.
dconclusive proof of legitimacy, unless it is shown that the parties had no access to each other.
Answer: D
Section 116 BSA makes birth during a valid marriage (or within 280 days of its dissolution where the mother remains unmarried) conclusive proof of legitimacy, unless non-access of the parties at the relevant time is shown.
Under the Bharatiya Sakshya Adhiniyam, 2023, where it is shown that soon before her death a woman was subjected by the accused to cruelty in connection with a demand for dowry, the court, in a question of dowry death, -
ashall presume that the accused caused the dowry death.
bshall treat the cruelty as conclusive proof of guilt.
cmay presume that the accused caused the dowry death.
dcannot draw any presumption against the accused.
Answer: A
Section 118 BSA mandates that the court shall presume that a person caused the dowry death where it is shown that soon before her death the woman was subjected by him to cruelty or harassment for, or in connection with, a demand for dowry.
During examination-in-chief a counsel, without the court's permission and over objection, asks his own witness questions framed so as to suggest the answers he wishes to receive. Under the Bharatiya Sakshya Adhiniyam, 2023, such leading questions -
amust not, if objected to, be asked in examination-in-chief except with the permission of the Court.
bare freely permissible in examination-in-chief.
cmay be asked only with the consent of the witness.
dare wholly prohibited even in cross-examination.
Answer: A
Section 146 BSA defines a leading question and provides that such questions must not, if objected to by the adverse party, be asked in examination-in-chief or re-examination except with the permission of the Court, though they may be asked in cross-examination.
Under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023, where in a proceeding the court has to form an opinion on a matter relating to information transmitted or stored in a computer resource or other electronic form, the opinion of the Examiner of Electronic Evidence is relevant. The Examiner referred to is the one notified under which provision, and what is his status?
aExaminer referred to in Section 79A of the Information Technology Act, 2000, who shall be an expert
bExaminer referred to in Section 43 of the Information Technology Act, 2000, who shall be a competent witness only
cExaminer referred to in Section 65B of the Information Technology Act, 2000, who shall be a public servant
dExaminer appointed by the State Government under the Code of Criminal Procedure, who shall be an expert
Answer: A
Section 39(2) BSA makes relevant the opinion of the Examiner of Electronic Evidence referred to in Section 79A of the Information Technology Act, 2000, and the Explanation to that sub-section provides that such Examiner shall be an expert.
The Comptroller and Auditor-General of India holds office and his duties and powers are dealt with under -
aArticles 148 to 151.
bArticles 76 to 78.
cArticles 124 to 147.
dArticles 315 to 323.
Answer: A
Articles 148 to 151 in Chapter V of Part V provide for the appointment, conditions of service, duties, powers, and audit reports of the Comptroller and Auditor-General of India.
The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to Parliament, the State Legislatures and the offices of the President and Vice-President is vested by the Constitution in the Election Commission under -
aArticle 280.
bArticle 315.
cArticle 338.
dArticle 324.
Answer: D
Article 324 vests the superintendence, direction and control of the entire electoral process for Parliament, State Legislatures and the offices of the President and Vice-President in the Election Commission of India.
Which one of the following is a constitutional body and not merely a statutory body?
aThe National Human Rights Commission.
bThe University Grants Commission.
cThe Union Public Service Commission.
dThe Central Bureau of Investigation.
Answer: C
The Union Public Service Commission is established under Article 315 of the Constitution; the UGC, CBI and NHRC are statutory bodies created by ordinary legislation or executive resolution.
Under Article 61 of the Constitution of India, a resolution containing a charge for the impeachment of the President must be passed by each House of Parliament by -
aa majority of two-thirds of the members present and voting.
ba majority of three-fourths of the total membership of that House.
ca majority of not less than two-thirds of the total membership of that House.
da simple majority of the members present and voting.
Answer: C
Article 61(2) requires that the resolution to impeach the President be passed by a majority of not less than two-thirds of the total membership of the House, both when preferring the charge and when sustaining it.
The Finance Commission, which recommends the distribution of the net proceeds of taxes between the Union and the States, is constituted by the President under -
aArticle 263 at the expiration of every fourth year.
bArticle 275 at the expiration of every fifth year.
cArticle 282 at the expiration of every third year.
dArticle 280 at the expiration of every fifth year or earlier.
Answer: D
Article 280(1) requires the President to constitute a Finance Commission, consisting of a Chairman and four other members, at the expiration of every fifth year or at such earlier time as he considers necessary.
The electoral college for the election of the President of India under Article 54 consists of -
aall members of both Houses of Parliament and all members of the State Legislatures.
bthe elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States.
cthe elected members of both Houses of Parliament and the elected members of the Legislative Assemblies and Legislative Councils of the States.
dthe elected members of the Lok Sabha and the elected members of the Legislative Assemblies of the States.
Answer: B
Under Article 54, the electoral college comprises only the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States; nominated members and members of Legislative Councils are excluded.
Parliament may by law provide for the creation of one or more all-India services common to the Union and the States, provided the Council of States has first declared by resolution that it is necessary or expedient in the national interest, such resolution being supported by -
anot less than one-half of the total membership of the Council of States.
ba simple majority of the members present and voting.
cnot less than two-thirds of the members present and voting.
dnot less than two-thirds of the total membership of the Council of States.
Answer: C
Article 312(1) requires the Council of States (Rajya Sabha) to declare by resolution supported by not less than two-thirds of the members present and voting before Parliament can create a new all-India service.
Under Article 75(3) of the Constitution of India, the Council of Ministers shall be collectively responsible to -
athe President of India.
bthe House of the People.
cthe Council of States.
dboth Houses of Parliament.
Answer: B
Article 75(3) expressly provides that the Council of Ministers shall be collectively responsible to the House of the People (Lok Sabha), not to the Rajya Sabha or both Houses.
During the pendency of a suit in which the right to a specific item of immovable property is directly and specifically in question, one party to the suit transfers that property to a stranger without the court's leave. The effect under Section 52 of the Transfer of Property Act, 1882 is that -
athe transfer can be set aside only by a fresh suit by the successful party.
bthe transfer is void and conveys nothing to the transferee.
cthe transfer is valid but the transferee is bound by the decree or order ultimately passed in the suit.
dthe transfer is voidable at the instance of the court.
Answer: C
The doctrine of lis pendens under Section 52 does not render a pendente lite transfer void; it remains valid inter partes but the transferee takes subject to, and is bound by, the result of the pending litigation.
By the same instrument A purports to transfer to B a farm belonging to C, and out of his own funds confers on C a sum of money. C accepts the money. The doctrine of election under Section 35 of the Transfer of Property Act, 1882 requires that C -
amay both retain the money and keep his farm.
bmust in every case return the money and keep his farm.
cmust elect either to confirm the transfer of his farm to B or to dissent from it.
dis entitled to claim a fresh benefit equal to the value of the farm.
Answer: C
Section 35 enacts the doctrine of election: a person who takes a benefit under an instrument that also professes to transfer his own property must elect to confirm or reject the transfer; he cannot approbate and reprobate by retaining the benefit while keeping his property.
A transfers property to B for life, and after B's death to such of B's children as shall first attain the age of 25 years. Tested against the rule against perpetuity in Section 14 of the Transfer of Property Act, 1882, the ultimate interest is -
avalid, since 25 years is a reasonable period.
bvalid, as the rule against perpetuity does not apply to transfers in favour of children.
cvalid, because the children are living persons.
dvoid, as the vesting may be postponed beyond the lifetime of the prior interest-holder plus the minority of the ultimate beneficiary.
Answer: D
Under Section 14 an interest must vest, at the latest, on the expiry of the life or lives in being plus the minority (18 years) of the ultimate beneficiary. Postponing vesting to age 25 exceeds the permissible period and renders the ultimate interest void.
A transfers property to B subject to a condition that B shall murder C. As to the conditional transfer under Section 25 of the Transfer of Property Act, 1882, which statement is correct?
aThe interest created fails because the condition is forbidden by law and involves injury to the person of another.
bThe condition alone is void but the transfer to B takes effect absolutely.
cThe transfer is voidable at the option of C.
dThe condition is valid as parties are free to contract on any term.
Answer: A
Section 25 provides that an interest dependent on a condition fails if fulfilment of the condition is impossible, forbidden by law, fraudulent, immoral, opposed to public policy, or involves injury to the person or property of another. A condition to commit murder falls squarely within these, so the interest itself fails.
In the absence of any contract, local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes is, under Section 106 of the Transfer of Property Act, 1882, deemed to be -
aa lease for a fixed term of one year, not terminable by notice.
ba lease from year to year, terminable by six months' notice.
ca lease at will, terminable without any notice.
da lease from month to month, terminable by fifteen days' notice.
Answer: B
Section 106 deems a lease for agricultural or manufacturing purposes (in the absence of contract, local law or usage to the contrary) a lease from year to year terminable by six months' notice; a lease for any other purpose is from month to month, terminable by fifteen days' notice.
A lease deed contains an express condition that, on breach thereof, the lessor may re-enter. The lessee renounces his character as lessee by setting up title to the demised property in himself. Under Section 111(g) of the Transfer of Property Act, 1882, the lease may be determined by forfeiture only when -
athe lease period expires by efflux of time.
bthe lessee voluntarily surrenders possession.
cthe lessor gives the lessee notice in writing of his intention to determine the lease.
dthe lessor files a suit for possession, irrespective of any notice.
Answer: C
Under Section 111(g), forfeiture is incurred where the lessee breaks an express condition entitling the lessor to re-enter, renounces his character by setting up title in himself or a third person, or is adjudicated insolvent; but the lessor must give the lessee notice in writing of his intention to determine the lease.
Under Section 51 of the Transfer of Property Act, 1882, a transferee who in good faith makes improvements believing himself absolutely entitled, and is later evicted by a person having a better title, may require the person causing the eviction to pay the value of such improvement. At what point of time is the value of the improvement to be estimated?
aAt the time of the original transfer to the transferee
bAt the time of the eviction
cAt the time the suit for eviction is instituted
dAt the time the improvement was made
Answer: B
Section 51 expressly provides that the amount to be paid or secured in respect of such improvement shall be the estimated value thereof at the time of the eviction, not when the work was done.
Which of the following is NOT among the persons entitled to a general lien in the absence of a contract to the contrary under Section 171 of the Indian Contract Act?
aBankers
bWharfingers
cPolicy-brokers
dInnkeepers
Answer: D
Section 171 confers a general lien on bankers, factors, wharfingers, attorneys of a High Court, and policy-brokers; innkeepers do not figure in the enumeration.
In the absence of any contract to that effect, an agent who enters into a contract on behalf of his principal
acannot personally enforce the contract, nor is he personally bound by it
bis personally bound but cannot enforce it
ccan enforce it but is not personally bound
dcan personally enforce the contract and is personally bound by it
Answer: A
Section 230 lays down that, in the absence of a contract to the contrary, an agent can neither personally enforce contracts made on behalf of his principal nor is he personally bound by them.
Where a contract has been broken, the party who suffers by such breach is entitled to receive compensation for any loss or damage caused to him thereby which
athe parties had agreed in writing at the time of the contract
bnaturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach
cis remote and indirect, provided it is proximately traceable
drepresents the full market value of the subject-matter in every case
Answer: B
Section 73 measures compensation by loss naturally arising in the usual course of things, or which the parties knew at the time of contracting to be likely to result, and expressly excludes remote and indirect loss.
Where a sum is named in a contract as the amount to be paid in case of breach, the party complaining of the breach is entitled, whether or not actual damage or loss is proved to have been caused thereby, to receive
aonly such amount as is actually proved as loss
bthe whole sum named, in every case
creasonable compensation not exceeding the amount so named
ddouble the amount named by way of penalty
Answer: C
Section 74 entitles the aggrieved party to reasonable compensation not exceeding the sum named (or the stipulated penalty), irrespective of proof of actual loss.
When a person at whose option a contract is voidable rescinds it, the other party thereto
amust still perform all promises in which he is the promisor
bis entitled to claim damages for non-performance
cmay treat the contract as subsisting at his option
dneed not perform any promise therein contained in which he is the promisor
Answer: D
Section 64 provides that when a voidable contract is rescinded by the party entitled to do so, the other party need not perform any promise therein in which he is promisor, and the rescinding party must restore benefits received.
The 'basic structure' doctrine, limiting Parliament's power to amend the Constitution, was propounded by the Supreme Court in -
aKesavananda Bharati v. State of Kerala
bIndira Nehru Gandhi v. Raj Narain
cMinerva Mills v. Union of India
dGolak Nath v. State of Punjab
Answer: A
In Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench held that Parliament cannot amend the 'basic structure' of the Constitution under Article 368.
The right to privacy was declared a fundamental right intrinsic to Article 21 by a nine-judge bench of the Supreme Court in -
aKharak Singh v. State of U.P.
bK.S. Puttaswamy v. Union of India
cGovind v. State of Madhya Pradesh
dM.P. Sharma v. Satish Chandra
Answer: B
In K.S. Puttaswamy v. Union of India (2017), a nine-judge bench unanimously held that the right to privacy is a fundamental right under Article 21, overruling M.P. Sharma and Kharak Singh on that point.
'Ubi jus ibi remedium' means 'where there is a right, there is a remedy' - for every legal right that is violated the law provides a corresponding remedy.
The writ of 'quo warranto' is issued by a court to -
aproduce a detained person before the court
bquash an order passed without jurisdiction
cquestion the authority by which a person holds a public office
dcommand a public authority to perform a public duty
Answer: C
'Quo warranto' literally means 'by what authority' and is issued to inquire into the legality of a person's claim to a public office; if the claim is unfounded the holder can be ousted.
Section 27 of the Indian Evidence Act, 1872 (information leading to discovery of fact), was authoritatively interpreted in the leading decision of the Privy Council in -
aMohd. Inayatullah v. State of Maharashtra
bAghnoo Nagesia v. State of Bihar
cPulukuri Kottaya v. Emperor
dState of U.P. v. Deoman Upadhyaya
Answer: C
Pulukuri Kottaya v. Emperor (AIR 1947 PC 67) is the leading authority on Section 27, holding that only so much of the information as distinctly relates to the fact thereby discovered is admissible.
In a certain code language, 'COURT' is written as 'DPVSU' and 'JUDGE' is written as 'KVEHF'. How will the word 'BENCH' be written in that same code language?
aCFOCI
bCFNDI
cAFMDG
dCFODI
Answer: D
Each letter is shifted one place forward in the alphabet (C->D, O->P, etc.). Applying the same rule to BENCH gives B->C, E->F, N->O, C->D, H->I, i.e. CFODI.
Q84Reasoning & Mental Ability
Pointing to a photograph, a woman said, "The person in the photograph is the only son of the father of my brother." How is the person in the photograph related to the woman?
aFather
bUncle
cCousin
dBrother
Answer: D
"The father of my brother" is the woman's own father, and his only son is her brother. Hence the person in the photograph is her brother.
Q85Reasoning & Mental Ability
Find the missing term in the series: 3, 7, 16, 35, 74, ?
a150
b155
c148
d153
Answer: D
Each term follows the rule: next = (previous x 2) + 1, 2, 3, 4, 5. Thus 74 x 2 + 5 = 153.
Q86Reasoning & Mental Ability
Six advocates A, B, C, D, E and F are sitting in a row facing north. B is at the extreme left end and E is at the extreme right end. A is to the immediate right of B. C sits between A and D. F is to the immediate left of E. Who is sitting third from the left end?
aC
bD
cA
dF
Answer: A
B is at the left end and A is to its immediate right, so positions 1-2 are B, A. E is at the right end and F to its immediate left, so positions 5-6 are F, E. C between A and D fills positions 3-4 as C, D. The order is B, A, C, D, F, E, so third from the left is C.
Q87Reasoning & Mental Ability
Statements: All judges are honest. Some honest persons are lawyers. Conclusions: (I) Some lawyers are judges. (II) Some honest persons are judges. Which conclusion logically follows?
aOnly conclusion I follows
bOnly conclusion II follows
cBoth I and II follow
dNeither I nor II follows
Answer: B
Since all judges are honest, the judges form a subset of honest persons, so conclusion II (some honest persons are judges) necessarily follows. No definite link exists between lawyers and judges, so conclusion I does not follow.
Q88Specific Relief Act
A is dispossessed of his immovable property by B without his consent and otherwise than in due course of law. A institutes a suit under Section 6 of the Specific Relief Act, 1963 and obtains a decree for recovery of possession. Aggrieved, B wishes to challenge the decree. Which of the following is correct?
aB may file a regular first appeal against the decree before the District Court.
bB may file an appeal, but only with the leave of the court that passed the decree.
cNo appeal lies from a decree passed in a suit under Section 6, nor is any review of such decree allowed.
dB may file a review, though no appeal lies against the decree.
Answer: C
Section 6(3) of the Specific Relief Act, 1963 expressly bars both appeal and review against any order or decree passed in a suit under Section 6; the only remedy is a separate suit on title under Section 6(4).
After the Specific Relief (Amendment) Act, 2018, which of the following correctly states the position regarding specific performance of a contract under Section 10?
aSpecific performance remains a purely discretionary relief to be granted only where damages are inadequate.
bSpecific performance shall be enforced by the court, subject only to the provisions of Sections 11(2), 14 and 16.
cSpecific performance can never be granted where the contract relates to immovable property.
dSpecific performance can be granted only if the plaintiff first proves that compensation in money would not afford adequate relief.
Answer: B
The 2018 Amendment substituted Section 10 so that specific performance 'shall be enforced' by the court, subject to Sections 11(2), 14 and 16, removing the earlier discretionary 'inadequacy of damages' test.
Under Section 14 of the Specific Relief Act, 1963, as amended in 2018, which one of the following contracts can still be specifically enforced by a court?
aA contract for the sale of immovable property where the vendor has clear title and the purchaser has performed his part.
bA contract the performance of which involves the performance of a continuous duty which the court cannot supervise.
cA contract which is in its nature determinable.
dA contract which runs into such minute or numerous details, or is so dependent on the personal qualifications of the parties, that the court cannot enforce specific performance of its material terms.
Answer: A
Section 14 bars specific performance of (a) contracts where substituted performance has been obtained, (b) continuous-duty contracts the court cannot supervise, (c) personal-qualification contracts, and (d) determinable contracts; an ordinary contract for sale of immovable property falls in none of these and remains specifically enforceable.
A suit is filed seeking an injunction restraining a contractor from proceeding with the construction of a national highway, a project specified in the Schedule to the Specific Relief Act, 1963. Granting the injunction would impede the progress of the project. What is the correct position under Section 20A?
aThe court may grant the injunction only with the prior sanction of the State Government.
bNo injunction shall be granted by the court where it would cause impediment or delay in the progress or completion of such infrastructure project.
cAn injunction may be granted for a maximum period of six months pending final disposal of the suit.
dThe court may grant the injunction if the plaintiff furnishes adequate security for any resulting delay.
Answer: B
Section 20A, inserted by the 2018 Amendment, prohibits a court from granting any injunction in a suit involving a contract relating to a scheduled infrastructure project where the injunction would impede or delay the project's progress or completion.
Under Section 41 of the Specific Relief Act, 1963, in which one of the following situations can a perpetual injunction be validly granted?
aTo restrain a person from instituting or prosecuting any proceeding in a criminal matter.
bTo restrain a person from prosecuting a judicial proceeding pending at the institution of the suit, where such restraint is necessary to prevent a multiplicity of proceedings.
cTo prevent the breach of a contract the performance of which would not be specifically enforced.
dTo restrain a person from applying to a legislative body.
Answer: B
Section 41(a) bars restraining a pending judicial proceeding except where necessary to prevent multiplicity of proceedings; that exception makes such an injunction permissible, whereas clauses (b), (d) and (e) are absolute bars.
A landlord occupying only a part of a building applies under Section 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965 for an order directing the tenant of the remaining part to deliver possession, claiming he requires additional accommodation for his personal use. While considering this application, the Rent Control Court is specially directed to -
agrant the application in every case, since additional accommodation is an absolute right.
brefer the matter to the District Collector for allotment.
cgrant the application only if the tenant has another building in the same city.
dreject the application if satisfied that the hardship to the tenant by granting it will outweigh the advantage to the landlord.
Answer: D
The first proviso to Section 11(10) makes the comparative-hardship test mandatory for an application under Section 11(8): the Rent Control Court must reject it if the hardship caused to the tenant by granting it would outweigh the advantage to the landlord.
A landlord obtains an order under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 for his own occupation and recovers possession, but without reasonable cause fails to occupy the building within one month of obtaining possession. The remedy of the evicted tenant is -
ato file a suit for damages in the Civil Court only.
bto prefer a revision to the High Court against the original eviction order.
cno remedy, as the eviction order has already been executed.
dto apply to the Rent Control Court under Section 11(12) for an order restoring him to possession of the building.
Answer: D
Under Section 11(12), where a landlord who recovered possession under Section 11(3) does not occupy it without reasonable cause within one month (or vacates it without reasonable cause within six months), the evicted tenant may apply to the Rent Control Court, which shall order his restoration to possession.
Under Section 12 of the Kerala Buildings (Lease and Rent Control) Act, 1965, a tenant against whom an application for eviction has been made under Section 11 shall not be entitled to contest the application or to prefer an appeal under Section 18 unless he -
aobtains the prior leave of the District Court.
bpays or deposits all arrears of rent admitted by him to be due and continues to pay or deposit the rent that subsequently becomes due until termination of the proceedings.
cfurnishes a bank guarantee equal to two years' rent.
ddeposits the entire market value of the building as security.
Answer: B
Section 12(1) interdicts a tenant from contesting an 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 the rent subsequently accruing until the proceedings terminate.
For the purposes of Section 138 of the Negotiable Instruments Act, 1881, the cheque must be presented to the bank within -
athree months from the date on which it is drawn, or within its period of validity, whichever is earlier.
bsix months from the date on which it is drawn, in all cases.
cone month from the date on which it is drawn.
dthirty days from the date of issue, irrespective of validity.
Answer: A
Clause (a) of the proviso to Section 138 requires presentment within its period of validity; following the RBI directive of 4 November 2011 reducing cheque validity to three months, the effective period is three months from the date drawn or the validity period, whichever is earlier.
Under Section 6 of the Negotiable Instruments Act, 1881, a "cheque" means a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand, and -
adoes not include any electronic form, the Act recognising only paper cheques.
bincludes only a truncated cheque but not a cheque drawn in electronic form.
cincludes the electronic image of a truncated cheque and a cheque in the electronic form.
dincludes a hundi and a demand draft drawn on a banker.
Answer: C
The Explanation to Section 6 expressly extends the definition of "cheque" to the electronic image of a truncated cheque and to a cheque in the electronic form generated, written and signed in a secure system using digital or electronic signature.
Where a promissory note or bill of exchange has been dishonoured, the holder may, under Section 99 of the Negotiable Instruments Act, 1881, cause such dishonour to be "noted" by -
atwo attesting witnesses, on the reverse of the instrument.
ba notary public, upon the instrument or upon a paper attached thereto.
cany Judicial Magistrate of the First Class.
dthe banker on whom the instrument was drawn.
Answer: B
Section 99 permits the holder to have the dishonour noted by a notary public upon the instrument, or a paper attached thereto, within a reasonable time, recording the date, the fact and reason of dishonour, and the notary's charges.
An offence under Section 138 of the Negotiable Instruments Act, 1881 is, by virtue of Section 142(2), to be inquired into and tried by a court within whose local jurisdiction -
athe demand notice was issued by the payee.
bthe cheque was handed over to the payee.
cthe drawer maintains the account on which the cheque was drawn.
dthe branch of the bank where the payee or holder in due course maintains the account, when the cheque is presented for collection through an account.
Answer: D
Section 142(2)(a), inserted by the 2015 Amendment, fixes jurisdiction at the place where the payee's or holder's bank branch is situated when the cheque is delivered for collection through an account, settling the territorial-jurisdiction controversy.
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