Madhya Pradesh Judiciary Mock Test 2 — Questions & Solutions
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Under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession caused by inducement, threat, coercion or promise is irrelevant in a criminal proceeding only if such inducement, threat, coercion or promise:
ahas reference to the charge against the accused and proceeds from a person in authority
bis made after the accused has been formally charged in court
cis recorded by a Magistrate in writing
dproceeds from any private person and has no reference to the charge
Answer: A
Section 22 of the BSA (corresponding to old Section 24 IEA) renders a confession irrelevant where the inducement, threat, coercion or promise has reference to the charge against the accused, proceeds from a person in authority, and is sufficient to give the accused reasonable grounds for supposing he would gain an advantage or avoid an evil of a temporal nature.
The Narmada, the longest river of Madhya Pradesh and the longest west-flowing river of peninsular India, rises from Narmada Kund at Amarkantak situated in which range?
aAravalli Range
bWestern Ghats
cKaimur Range
dMaikal Range
Answer: D
The Narmada originates at Amarkantak in the Maikal (Maikala) Range, where the Vindhya and Satpura ranges meet, and flows westward into the Gulf of Khambhat. It is the longest river within Madhya Pradesh.
As per the All India Tiger Estimation and subsequent notifications up to 2025, which State has the highest number of tiger reserves in India?
aUttarakhand
bKarnataka
cMaharashtra
dMadhya Pradesh
Answer: D
Madhya Pradesh leads with the most tiger reserves; the notification of Madhav National Park as India's 58th tiger reserve in March 2025 made it the State's ninth reserve. MP is also called the 'Tiger State' for having the highest tiger population.
The Khajuraho Group of Monuments, a UNESCO World Heritage Site in Madhya Pradesh, was built mainly by rulers of which dynasty?
aKalachuri dynasty
bTomara dynasty
cParamara dynasty
dChandela dynasty
Answer: D
The Khajuraho temples in Chhatarpur district were built by the Chandela (Chandella) dynasty between roughly 950 and 1050 CE and were inscribed as a UNESCO World Heritage Site in 1986.
A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is defined under the Indian Contract Act, 1872 as a -
aquasi-contract
bcontract of bailment
ccontract of indemnity
dcontract of guarantee
Answer: C
Section 124 defines a 'contract of indemnity' as a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or of any other person.
In a contract of guarantee under Section 126 of the Indian Contract Act, 1872, the person in respect of whose default the guarantee is given is called the -
acreditor
bprincipal debtor
cindemnifier
dsurety
Answer: B
Under Section 126, the person who gives the guarantee is the 'surety', the person to whom it is given is the 'creditor', and the person in respect of whose default the guarantee is given is the 'principal debtor'.
When a person, at whose option a contract is voidable, rescinds it, he is bound under Section 64 of the Indian Contract Act, 1872 to -
aforfeit any benefit received in favour of the State
brestore any benefit received under the contract from the other party, so far as may be
cperform the contract as originally agreed
dpay damages to the other party
Answer: B
Section 64 provides that the party rescinding a voidable contract must, if he has received any benefit thereunder from the other party, restore such benefit, so far as may be, to the person from whom it was received.
When an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or contract is bound -
ato pay penal damages in addition to restoring the advantage
bto forfeit the advantage to the Government
cto retain the advantage as the agreement is a nullity
dto restore it, or to make compensation for it, to the person from whom he received it
Answer: D
Section 65 embodies the doctrine of restitution: when an agreement is discovered to be void or a contract becomes void, any person who has received an advantage under it must restore it or make compensation to the person from whom he received it.
Where a person lawfully does anything for another, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the obligation to make compensation arises under which Section of the Indian Contract Act, 1872?
aSection 68
bSection 72
cSection 69
dSection 70
Answer: D
Section 70, a quasi-contractual provision, obliges a person who enjoys the benefit of a non-gratuitous act lawfully done for him to compensate the other or restore the thing so done or delivered.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of gang rape, where each offender is punishable with rigorous imprisonment of not less than twenty years extendable to life imprisonment, is provided in -
aSection 71
bSection 70
cSection 63
dSection 64
Answer: B
Section 70 BNS punishes gang rape; where the woman is under eighteen years, each offender is liable to imprisonment for life or death.
Under the Bharatiya Nyaya Sanhita, 2023, voluntarily causing grievous hurt (punishable with imprisonment which may extend to seven years and fine) is provided in -
aSection 115
bSection 117
cSection 118
dSection 320
Answer: B
Section 117 BNS punishes voluntarily causing grievous hurt with imprisonment up to seven years and fine; Section 115 deals with voluntarily causing simple hurt and Section 118 with hurt by dangerous weapons or means.
Under Section 137 of the Bharatiya Nyaya Sanhita, 2023, kidnapping is of how many kinds?
aOne kind - kidnapping from lawful guardianship only
bThree kinds
cFour kinds
dTwo kinds - kidnapping from India and kidnapping from lawful guardianship
Answer: D
Section 137 BNS provides that kidnapping is of two kinds - kidnapping from India and kidnapping from lawful guardianship, mirroring the old Section 359 IPC.
Under the Bharatiya Nyaya Sanhita, 2023, abetment of suicide of a child or a person of unsound mind, delirious person or intoxicated person (punishable with death, life imprisonment, or imprisonment up to ten years and fine) is dealt with under -
aSection 106
bSection 108
cSection 107
dSection 305
Answer: C
Section 107 BNS specifically punishes abetment of suicide of a child, person of unsound mind, delirious or intoxicated person; general abetment of suicide is covered by Section 108.
Under the Bharatiya Nyaya Sanhita, 2023, dishonest misappropriation or conversion to one's own use of any movable property (punishable with imprisonment of not less than six months extendable to two years and fine) is provided in -
aSection 318
bSection 314
cSection 316
dSection 303
Answer: B
Section 314 BNS punishes dishonest misappropriation of property; Section 316 deals with criminal breach of trust and Section 318 with cheating.
Under Section 23(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding:
afifty thousand rupees
bten thousand rupees
ctwenty-five thousand rupees
done lakh rupees
Answer: A
Section 23(1) BNSS empowers a first-class Magistrate to impose imprisonment up to three years or fine up to fifty thousand rupees, or both, or community service.
Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that all trials, inquiries and proceedings, including issue, service and execution of summons and warrants and examination of witnesses, may be held in electronic mode?
aSection 530
bSection 532
cSection 64
dSection 254
Answer: A
Section 530 BNSS permits trials, inquiries and proceedings (including summons, warrants, evidence and appeals) to be conducted in electronic mode using audio-video electronic means.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the Directorate of Prosecution, headed by a Director of Prosecution, is constituted by the State Government under which section?
aSection 18
bSection 24
cSection 20
dSection 19
Answer: C
Section 20 BNSS provides for the establishment of a Directorate of Prosecution headed by a Director of Prosecution, functioning under the administrative control of the State's Home Department.
Under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where information relating to a cognizable offence is given to the officer in charge of a police station by electronic communication, it shall be taken on record by him only after it is:
averified by a Magistrate
bcountersigned by a Superintendent of Police
cconfirmed in writing within twenty-four hours
dsigned by the person giving it within three days
Answer: D
The proviso to Section 173(1) BNSS provides that information given electronically (e-FIR) is taken on record only when signed by the informant within three days.
The Code of Criminal Procedure, 1973 stands repealed and replaced with effect from 1st July 2024 by which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 531
bSection 528
cSection 529
dSection 533
Answer: A
Section 531 BNSS is the repeal and savings clause that repeals the Code of Criminal Procedure, 1973 while saving actions already taken under it.
In a suit for specific performance of a contract, under section 21 of the Specific Relief Act, 1963, the court may award compensation :-
aonly in addition to specific performance
bin no circumstances, after the 2018 Amendment
ceither in addition to, or in substitution of, specific performance
donly in lieu of specific performance
Answer: C
Section 21 empowers the court, in a suit for specific performance, to award compensation either in addition to, or in substitution of, such performance, provided the plaintiff has claimed it (the court may permit amendment to include such a claim).
Under section 34 of the Specific Relief Act, 1963, no court shall make a declaration of legal character or right where the plaintiff :-
ahas not impleaded the Government
bbeing able to seek further relief than a mere declaration of title, omits to do so
cis not in possession of the property
dseeks the declaration after expiry of three years
Answer: B
The proviso to section 34 bars a declaratory decree where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.
'A', against whom a written instrument is void or voidable, has reasonable apprehension that the instrument, if left outstanding, may cause him serious injury. The appropriate relief 'A' may seek under the Specific Relief Act, 1963 is :-
arescission of the contract under section 27
bcancellation of the instrument under section 31
crectification of the instrument under section 26
da declaration under section 34 only
Answer: B
Section 31 allows any person against whom a written instrument is void or voidable, who reasonably apprehends serious injury if it is left outstanding, to sue to have it adjudged void or voidable and ordered to be delivered up and cancelled.
Under section 41 of the Specific Relief Act, 1963, an injunction cannot be granted :-
ato restrain a person from instituting any proceeding in a court not subordinate to that from which the injunction is sought
bto restrain any person from prosecuting a judicial proceeding pending at the institution of the suit, unless necessary to prevent a multiplicity of proceedings
cto prevent the breach of a contract which can be specifically enforced
dto prevent a continuing breach in which the plaintiff has acquiesced
Answer: B
Section 41(a) bars an injunction to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings.
The doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882 provides that during the pendency of a suit in which any right to immovable property is directly in question, the property:
ais automatically attached by the court
bvests in the court till disposal of the suit
cmay be transferred only with the prior leave of the court, and such transfer does not affect the rights of other parties under the decree
dcannot be transferred by any party under any circumstances
Answer: C
Section 52 does not prohibit transfer; it provides that a transfer of suit property during pendency, except with leave of the court, shall not affect the rights of any other party under the decree that may be made.
Which of the following is NOT a requirement for invoking the doctrine of part performance under Section 53A of the Transfer of Property Act, 1882?
aThere is a contract to transfer immovable property in writing signed by the transferor
bThe contract has been duly registered before the transferee took possession
cThe transferee has taken or continued in possession in part performance of the contract
dThe transferee has performed or is willing to perform his part of the contract
Answer: B
Section 53A requires a written, signed contract, possession taken in part performance, an act in furtherance, and the transferee's willingness to perform; registration of the contract is not a precondition for the defensive plea.
Under Section 54 of the Transfer of Property Act, 1882, a sale of tangible immovable property of a value LESS than one hundred rupees may be made:
aonly by delivery of possession
bby an oral agreement followed by payment of price
ceither by a registered instrument or by delivery of the property
donly by a registered instrument
Answer: C
Section 54 provides that tangible immovable property worth less than Rs. 100 may be transferred either by a registered instrument or by delivery of property, whereas property of Rs. 100 and upwards requires a registered instrument.
A mortgage in which the mortgagor binds himself personally to repay and, without delivering possession, transfers the property to the mortgagee with the power to cause the property to be sold on default, is known under Section 58 of the Transfer of Property Act, 1882 as a:
ausufructuary mortgage
bEnglish mortgage
csimple mortgage
dmortgage by conditional sale
Answer: C
Section 58(b) defines a simple mortgage: the mortgagor binds himself personally to pay and, without transferring possession, agrees that on default the mortgagee may cause the property to be sold.
Where a landlord has acquired an accommodation by transfer, under Section 12(4) of the M.P. Accommodation Control Act, 1961 no suit for eviction on the ground of bonafide requirement under clause (e) or clause (f) of Section 12(1) is maintainable unless a period of how long has elapsed from the date of acquisition ?
aOne year
bSix months
cThree years
dTwo years
Answer: A
Section 12(4) bars a suit for eviction on the bonafide-requirement grounds in clause (e) or (f) by a landlord who acquired the accommodation by transfer, unless a period of one year has elapsed from the date of acquisition.
Under Section 12(1) of the M.P. Accommodation Control Act, 1961, the ground that the accommodation let for non-residential purposes is required bonafide by the landlord for continuing or starting his business is contained in :
aclause (g)
bclause (h)
cclause (f)
dclause (e)
Answer: C
Clause (e) of Section 12(1) deals with bonafide need of residential accommodation, while clause (f) deals with bonafide requirement of non-residential accommodation for continuing or starting the landlord's business.
Chapter III-A of the M.P. Accommodation Control Act, 1961, which provides a summary procedure before the Rent Controlling Authority for eviction on the ground of bonafide requirement, applies only to a landlord defined in Section 23-J. Which of the following is NOT such a landlord ?
aA retired servant of any Government including a retired member of the Defence Services
bA practising advocate carrying on his profession in the city
cA widow or a divorced wife
dA physically handicapped person
Answer: B
Section 23-J restricts the special Chapter III-A procedure to retired Government/defence servants, retired servants of Government-controlled companies, widows or divorced wives, physically handicapped persons, and certain serving Government/defence servants; a practising advocate is not within these categories.
Reinstatement of a bhumiswami who has been improperly dispossessed is provided for under which Section of the M.P. Land Revenue Code, 1959?
aSection 250-B
bSection 250
cSection 248
dSection 253
Answer: B
Section 250 provides for reinstatement of a bhumiswami improperly dispossessed; an application lies to the Tahsildar within two years of dispossession.
An application under Section 250 of the M.P. Land Revenue Code, 1959 for restoration of possession of a bhumiswami improperly dispossessed lies to the :-
aSub-Divisional Officer
bCollector
cTahsildar
dBoard of Revenue
Answer: C
Under Section 250 the bhumiswami (or his successor-in-interest) may apply to the Tahsildar within two years from the date of dispossession for restoration of possession.
Under the M.P. Land Revenue Code, 1959, the penalty for unauthorisedly taking possession of land vesting in the State Government is provided under :-
aSection 253
bSection 250
cSection 248
dSection 246
Answer: C
Section 248 prescribes the penalty for a person who unauthorisedly takes or remains in possession of any land set apart for a special purpose or vesting in the State Government.
In computing the period of limitation for an appeal, Section 12 of the Limitation Act, 1963 requires exclusion of -
aonly the day of pronouncement of the judgment
bthe entire period during which the appellant was ill
cthe time taken by the appellant's counsel to advise on the merits
dthe day from which the period is to be reckoned, and the time requisite for obtaining a copy of the decree and judgment appealed from
Answer: D
Section 12 excludes the day from which the period is to be reckoned and, for an appeal, the day on which the judgment was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from together with the copy of the judgment.
Section 14 of the Limitation Act, 1963 provides for exclusion of the time spent in prosecuting, with due diligence, another civil proceeding -
awhere the earlier proceeding was prosecuted bona fide in a court which, from defect of jurisdiction or other like cause, was unable to entertain it
bonly where the delay does not exceed sixty days
cin any forum, even where it was abandoned without cause
donly where the earlier proceeding was a criminal one
Answer: A
Section 14 excludes time during which the plaintiff was prosecuting with due diligence another civil proceeding founded on the same cause of action, in good faith, in a court unable to entertain it from defect of jurisdiction or other cause of a like nature.
Under Section 142 of the Negotiable Instruments Act, 1881, a complaint for an offence under Section 138 must be made in writing by the payee or holder in due course within :-
aFifteen days of the cause of action
bOne month of the date on which the cause of action arises
cThree months of the dishonour
dSix months of the dishonour
Answer: B
Section 142(1)(b) bars cognizance of an offence under Section 138 except on a written complaint made within one month of the date on which the cause of action arises under clause (c) of the proviso to Section 138.
A decree-holder for possession of immovable property is resisted in obtaining possession by a third person claiming an independent right. Such resistance is to be adjudicated upon by the executing court under :-
aOrder XXI Rule 97 read with Rule 101
bOrder XXI Rule 58
cOrder XXI Rule 90
dSection 47 only
Answer: A
Order XXI Rule 97 allows the decree-holder to complain of resistance, and Rule 101 requires all questions including right, title or interest to be determined by the executing court itself, not by a separate suit.
Under Order XXXIX Rule 1 of the Code of Civil Procedure, 1908, a temporary injunction may be granted where it is proved that the property in dispute is in danger of being :-
avalued by a Commissioner appointed by the court
bwasted, damaged or alienated by any party to the suit
cattached before judgment in another suit
dsold only with the consent of the court
Answer: B
Order XXXIX Rule 1(a) empowers the court to grant a temporary injunction where the suit property is in danger of being wasted, damaged or alienated by any party, or wrongfully sold in execution of a decree.
Under Order XXXIII of the Code of Civil Procedure, 1908, a person is an 'indigent person' if he is not possessed of sufficient means (other than property exempt from attachment and the subject-matter of the suit) to enable him to pay :-
athe advocate's professional fees
bthe costs of the opposite party
cthe fee prescribed by law for the plaint in such suit
dthe process fee for summoning witnesses
Answer: C
Explanation I to Order XXXIII Rule 1 defines an indigent person as one who lacks sufficient means to pay the court fee prescribed by law for the plaint, excluding exempt property and the subject-matter of the suit.
Under Section 9 of the Code of Civil Procedure, 1908, the Civil Courts have jurisdiction to try all suits of a civil nature except those of which their cognizance is :-
aexpressly barred only
bbarred by a contract between the parties
cimpliedly barred only
deither expressly or impliedly barred
Answer: D
Section 9 confers jurisdiction over all suits of a civil nature 'excepting suits of which their cognizance is either expressly or impliedly barred', so both forms of bar oust jurisdiction.
In Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24, the Supreme Court held that a civil court exercising power under Section 89 of the CPC cannot refer a dispute to which of the following ADR processes without the consent of all parties :-
aArbitration
bMediation
cLok Adalat
dJudicial settlement
Answer: A
In Afcons (2010) 8 SCC 24 the Court held that reference to arbitration under Section 89 requires the mutual consent of all parties, while mediation, judicial settlement and Lok Adalat may be ordered without such consent.
Under Section 96(4) of the CPC, no appeal lies (except on a question of law) from a decree in a suit cognizable by Courts of Small Causes where the value of the subject-matter of the original suit does not exceed :-
atwenty thousand rupees
bten thousand rupees
cfive thousand rupees
dthree thousand rupees
Answer: B
Section 96(4) bars appeals (save on a question of law) from decrees in suits of a Small Cause nature where the value of the subject-matter does not exceed ten thousand rupees.
An application to set aside an ex parte decree on the ground that the summons was not duly served or that the defendant was prevented by sufficient cause from appearing is made under :-
aOrder IX Rule 4
bOrder IX Rule 13
cOrder IX Rule 9
dOrder IX Rule 7
Answer: B
Order IX Rule 13 empowers the court to set aside an ex parte decree where the defendant shows the summons was not duly served or he was prevented by sufficient cause from appearing; Rule 9 deals with restoration of a suit dismissed for default of the plaintiff.
Under the proviso to Order VI Rule 17 of the CPC, an application for amendment of pleadings shall not be allowed after the trial has commenced unless the court is of the opinion that :-
athe amendment is necessary for determining the real question in controversy in any event
bthe court fee on the amendment has been paid
cthe opposite party consents to the amendment
din spite of due diligence the party could not have raised the matter before the commencement of trial
Answer: D
The proviso added by the 2002 amendment bars amendment after the trial has commenced unless the court holds that in spite of due diligence the party could not have raised the matter before commencement of trial.
Which of the following is NOT a ground for rejection of a plaint under Order VII Rule 11 of the CPC :-
aWhere the plaint is not filed in duplicate
bWhere the plaint does not disclose a cause of action
cWhere the defendant has a strong defence on the merits
dWhere the suit appears from the statement in the plaint to be barred by any law
Answer: C
Order VII Rule 11 lists grounds such as no cause of action, undervaluation, insufficient stamp, suit barred by law, non-filing in duplicate and non-compliance with Rule 9; the strength of the defendant's defence on merits is not a ground for rejection.
The doctrine of "basic structure" of the Constitution, limiting Parliament's amending power under Article 368, was first propounded in:
aA.K. Gopalan v. State of Madras (1950)
bMinerva Mills v. Union of India (1980)
cKesavananda Bharati v. State of Kerala (1973)
dGolak Nath v. State of Punjab (1967)
Answer: C
In Kesavananda Bharati (1973), a 13-judge bench held by a 7:6 majority that Parliament may amend any provision under Article 368 but cannot alter or destroy the basic structure of the Constitution.
In Minerva Mills Ltd. v. Union of India (1980), the Supreme Court struck down clauses (4) and (5) inserted in Article 368 by the 42nd Amendment because they:
aTransferred residuary powers to the States
bExcluded judicial review of constitutional amendments and conferred unlimited amending power, violating the basic structure
cCurtailed the fundamental duties under Article 51A
dAbolished the office of the Comptroller and Auditor-General
Answer: B
Clauses (4) and (5) of Article 368 sought to bar judicial review of amendments and confer unlimited amending power; the Court held that limited amending power and judicial review are themselves part of the basic structure and struck them down.
Under Article 243T, the proportion of seats reserved for women out of the total seats to be filled by direct election in every Municipality shall be:
aNot less than one-fourth
bAs may be fixed by the State Government from time to time
cNot less than one-third
dExactly one-half
Answer: C
Article 243T, inserted by the 74th Amendment, mandates that not less than one-third of the total seats filled by direct election in every Municipality be reserved for women, including those reserved for SC/ST women.
The power to form a new State by separation of territory from any State, or to alter the boundaries or name of an existing State, is vested by the Constitution in:
aParliament by law, on the recommendation of the President
bThe Legislature of the affected State
cThe President alone by proclamation
dThe Inter-State Council
Answer: A
Article 3 empowers Parliament to form new States and alter areas, boundaries or names by law; such a Bill can be introduced only on the President's recommendation and after referring it to the affected State Legislature for its views (which are not binding).
aDistribution of revenues between the Union and the States
bInconsistency between laws made by Parliament and laws made by State Legislatures in the Concurrent field
cProclamation of financial emergency
dDisqualification of members on ground of defection
Answer: B
Article 254 lays down the rule of repugnancy: where a State law in the Concurrent List is repugnant to a Union law, the Union law prevails and the State law is void to the extent of the inconsistency, unless saved by Presidential assent under Article 254(2).
A statement made by a person, since deceased, as to the cause of his death or as to any of the circumstances of the transaction which resulted in his death is made relevant by:
aSection 55
bSection 26(1)
cSection 27
dSection 4
Answer: B
Section 26(1) of the BSA (corresponding to old Section 32(1) IEA) makes relevant a statement by a deceased person as to the cause of his death or the circumstances of the transaction which resulted in his death; this is the statutory basis of the dying declaration, illustrated by Pakala Narayana Swami v. King-Emperor.
Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction are relevant whether they occurred at the same time and place or at different times and places. This doctrine of res gestae is embodied in:
aSection 7
bSection 4
cSection 5
dSection 3
Answer: B
Section 4 of the BSA (corresponding to old Section 6 IEA) embodies the doctrine of res gestae, making relevant facts forming part of the same transaction as a fact in issue. The very wording about facts occurring at the same or different times and places is drawn from Section 4.
When the Court has to form an opinion upon a point of foreign law, or of science or art, or as to the identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant facts. This provision is contained in:
aSection 45
bSection 41
cSection 39(1)
dSection 55
Answer: C
Section 39(1) of the BSA (corresponding to old Section 45 IEA) makes relevant the opinion of an expert, that is a person specially skilled in foreign law, science, art, handwriting or finger impressions. Section 41 deals with the separate category of opinion as to handwriting by a person acquainted with the handwriting.
When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Bharatiya Nyaya Sanhita lies upon:
aneither party, as it is a question of law
bthe accused, and the Court shall presume the absence of such circumstances
cthe prosecution, beyond reasonable doubt
dthe Court, which must investigate the matter suo motu
Answer: B
Under Section 108 of the BSA (corresponding to old Section 105 IEA), when an accused claims the benefit of a General Exception or any special exception, the burden of proving the circumstances is on him and the Court shall presume the absence of such circumstances. The accused discharges this on a preponderance of probabilities.
Where a married woman commits suicide within seven years of marriage and it is shown that her husband or his relative had subjected her to cruelty, the Court 'may presume' that the suicide was abetted. This presumption is contained in:
aSection 116
bSection 120
cSection 118
dSection 117
Answer: D
Section 117 of the BSA (corresponding to old Section 113A IEA) provides a discretionary presumption ('may presume') as to abetment of suicide by a married woman. It is distinct from Section 118 of the BSA, which uses 'shall presume' for dowry death.
Under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), where it is shown that 'soon before her death' a woman was subjected by a person to cruelty or harassment in connection with a demand for dowry, the Court:
amay presume that such person caused the dowry death
bshall presume that such person caused the dowry death
cmay call for further proof of the demand for dowry
dshall treat it as conclusive proof of dowry death
Answer: B
Section 118 of the BSA (corresponding to old Section 113B IEA) uses the mandatory expression 'shall presume', obliging the Court to presume dowry death once the foundational facts (cruelty or harassment soon before death in connection with a dowry demand) are established. This contrasts with the discretionary 'may presume' in Section 117.
Droupadi Murmu, who assumed office as the 15th President of India in July 2022, is notable as the:
aFirst President born before independence
bFirst tribal person to become President of India
cOldest person to become President of India
dFirst woman President of India
Answer: B
Droupadi Murmu is the first person from a tribal community to become President of India and the second woman after Pratibha Patil; she is also the first President born in independent India.
Under the Constitution of India, the maximum strength of the Legislative Assembly (Vidhan Sabha) of a State (other than special cases) cannot exceed:
a250 members
b350 members
c500 members
d545 members
Answer: C
Article 170 provides that a State Legislative Assembly shall consist of not more than 500 and not less than 60 members chosen by direct election from territorial constituencies.
The 'Tropic of Cancer' passes through several Indian States. Through which of the following State capitals/regions does it notably pass, dividing the State into two nearly equal halves?
aNagpur region of Maharashtra
bBhopal region of Madhya Pradesh
cLucknow region of Uttar Pradesh
dPatna region of Bihar
Answer: B
The Tropic of Cancer passes through Madhya Pradesh near Bhopal, cutting across the central part of the State; the latitude line passes through eight Indian States including MP.
Which of the following gases is the most abundant component of the Earth's atmosphere by volume?
aCarbon dioxide
bArgon
cOxygen
dNitrogen
Answer: D
Nitrogen makes up about 78% of the Earth's atmosphere by volume, far exceeding oxygen (about 21%), argon (about 0.9%) and carbon dioxide (about 0.04%).
The First Battle of Panipat (1526), which led to the establishment of Mughal rule in India, was fought between Babur and which ruler?
aIbrahim Lodi
bRana Sanga
cHemu (Hemchandra Vikramaditya)
dSher Shah Suri
Answer: A
In the First Battle of Panipat (1526) Babur defeated Ibrahim Lodi, the Sultan of Delhi, founding the Mughal Empire in India. The Battle of Khanwa (1527) against Rana Sanga came later.
Under Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor :-
awhen it comes to the knowledge of the proposer
bwhen it is put in a course of transmission to the proposer, so as to be out of the power of the acceptor
cas soon as the letter of acceptance is posted by the acceptor
das soon as the acceptance is made by the acceptor in his mind
Answer: A
Under Section 4, communication of acceptance is complete as against the proposer when it is put in course of transmission, but as against the acceptor only when it comes to the knowledge of the proposer.
'A' promises, for no consideration, to give to 'B' Rs. 1,000. The promise is in writing and registered, and is made on account of natural love and affection between 'A' and 'B' who are near relations. The agreement is :-
aa valid contract under the exception in Section 25(1)
bvoid for want of consideration
cunlawful and unenforceable
dvoidable at the option of 'A'
Answer: A
Section 25(1) makes an agreement without consideration valid where it is in writing, registered, and made on account of natural love and affection between parties standing in near relation to each other.
Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is :-
aunlawful under Section 23
bvoid under Section 20
cvoidable at the option of either party
dvalid and binding on both parties
Answer: B
Under Section 20, where both parties are under a mistake as to a matter of fact essential to the agreement, the agreement is void; a mistake as to a matter of fact essential to the agreement is bilateral here.
Under Section 304B of the Indian Penal Code, for a death of a woman to be a "dowry death", it must occur otherwise than under normal circumstances within how many years of her marriage?
aSeven years
bThree years
cFive years
dTen years
Answer: A
Section 304B IPC requires that the death occur within seven years of marriage and that the woman was, soon before her death, subjected to cruelty or harassment for or in connection with a demand for dowry.
The defence of insanity under Section 84 of the Indian Penal Code is available only when the accused, by reason of unsoundness of mind, was at the time of the act incapable of knowing the nature of the act or that it was wrong or contrary to law. This defence is essentially based on:
aThe last-seen theory
bThe doctrine of res gestae
cThe doctrine of transferred malice
dThe McNaughten (M'Naghten) Rules
Answer: D
Section 84 IPC codifies the test of legal (not medical) insanity derived from the M'Naghten Rules laid down by the House of Lords in R v. Daniel M'Naghten.
Which of the following correctly distinguishes Section 34 (common intention) from Section 149 (common object) of the Indian Penal Code?
aBoth sections require participation in the actual criminal act
bSection 34 requires a minimum of five persons, whereas Section 149 requires only two
cSection 34 creates a substantive offence, whereas Section 149 only lays down a rule of evidence
dSection 34 requires a prior meeting of minds (pre-arranged plan), whereas Section 149 does not necessarily require pre-concert
Answer: D
Section 34 postulates a pre-arranged plan and a prior meeting of minds, whereas Section 149 (membership of an unlawful assembly of five or more) does not require proof of prior concert; the common object is wider than common intention.
Under Section 511 of the Indian Penal Code, a person who attempts to commit an offence punishable with a term of imprisonment, where no express provision is made, shall be punished with imprisonment for a term which may extend to:
aThe full longest term provided for the offence
bOne-third of the longest term of imprisonment provided for that offence
cOne-fourth of the longest term of imprisonment provided for that offence
dOne-half of the longest term of imprisonment provided for that offence
Answer: D
Section 511 IPC provides that punishment for an attempt (where not otherwise provided) may extend to one-half of the imprisonment for life or one-half of the longest term of imprisonment prescribed for the completed offence.
Under Section 100 of the Indian Penal Code, the right of private defence of the body extends to voluntarily causing death of the assailant in which of the following situations?
aAn assault causing reasonable apprehension of simple hurt only
bAn assault causing apprehension of damage to property only
cA mere verbal threat unaccompanied by any assault
dAn assault with the intention of committing rape
Answer: D
Section 100 IPC enumerates the situations in which private defence of the body extends to causing death, which include an assault with the intention of committing rape; mere apprehension of simple hurt or a verbal threat is not enough.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision corresponding to Section 154 of the old Code, which recognises registration of a 'Zero FIR' and permits information of a cognizable offence to be given by electronic communication irrespective of the area where the offence is committed, is contained in:
aSection 175 BNSS
bSection 179 BNSS
cSection 154 BNSS
dSection 173 BNSS
Answer: D
Section 173 BNSS replaces Section 154 CrPC and statutorily recognises the 'Zero FIR' and e-FIR; information may be given orally or by electronic communication irrespective of where the offence was committed (electronic information must be signed within three days).
Under Section 187(3) of the BNSS, 2023, the maximum period for which a Magistrate may authorise detention of an accused pending investigation, beyond which the accused gets an indefeasible right to default bail, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for ten years or more, is:
a60 days
b75 days
c180 days
d90 days
Answer: D
Section 187(3) BNSS (corresponding to Section 167(2) CrPC) fixes the outer limit at 90 days for offences punishable with death, life imprisonment or imprisonment of ten years or more, and 60 days for any other offence.
Section 479 of the BNSS, 2023 introduces a new safeguard for under-trial prisoners. A first-time offender (one never previously convicted of any offence), in respect of an offence not punishable with death or life imprisonment, shall be released on bond by the Court once he has undergone detention up to:
aOne-half of the maximum period of imprisonment specified for the offence
bThe full maximum period of imprisonment specified for the offence
cOne-fourth of the maximum period of imprisonment specified for the offence
dOne-third of the maximum period of imprisonment specified for the offence
Answer: D
The first proviso to Section 479(1) BNSS entitles a first-time offender to release on bond after detention extending up to one-third of the maximum sentence; the general rule (non-first-timers) is one-half of the maximum period.
Under Section 35(7) of the BNSS, 2023, where the offence is punishable with imprisonment for less than three years and the person is infirm or is above the age of sixty years, no arrest shall be made without the prior permission of an officer not below the rank of:
aInspector General of Police
bSuperintendent of Police
cStation House Officer
dDeputy Superintendent of Police
Answer: D
Section 35(7) BNSS is a new safeguard: for offences punishable with less than three years where the accused is infirm or above sixty, arrest requires prior permission of an officer not below the rank of Deputy Superintendent of Police.
Section 176(3) of the BNSS, 2023 makes it mandatory for a forensic expert to visit the crime scene to collect forensic evidence and to cause videography of the process. This requirement is triggered where the offence is made punishable with imprisonment for a term of:
aFive years or more
bThree years or more
cTen years or more
dSeven years or more
Answer: D
Section 176(3) BNSS mandates a forensic expert's visit to the scene and videography of the process for offences made punishable with seven years or more (subject to the State Government's notification within five years).
Under clause (h) of section 41 of the Specific Relief Act, 1963, an injunction cannot be granted :-
awhen the conduct of the plaintiff disentitles him to the assistance of the court
bwhen equally efficacious relief can certainly be obtained by any other usual mode of proceeding, except in case of breach of trust
cto interfere with the public duties of any department of the Government
dto prevent a continuing breach in which the plaintiff has acquiesced
Answer: B
Section 41(h) bars an injunction where equally efficacious relief can certainly be obtained by any other usual mode of proceeding (except in case of breach of trust); thus, where specific performance is an equally efficacious remedy, a suit for bare injunction is not maintainable.
In a suit for perpetual injunction under section 38 of the Specific Relief Act, 1963, the court, under section 40, may award damages :-
ain no case
bonly in substitution for the injunction
conly in addition to the injunction
deither in addition to, or in substitution for, the injunction
Answer: D
Section 40 empowers the court, in a suit for perpetual or mandatory injunction, to award damages either in addition to, or in substitution for, the injunction, provided the plaintiff has claimed such damages.
Under section 16(c) of the Specific Relief Act, 1963, specific performance of a contract cannot be enforced in favour of a person who :-
afails to prove that he has performed or has always been ready and willing to perform the essential terms of the contract to be performed by him
bhas not paid the requisite court fee
chas obtained substituted performance of the contract under section 20
dis not in possession of the suit property
Answer: A
Under section 16(c), specific performance cannot be enforced in favour of a person who fails to aver and prove that he has performed, or has always been ready and willing to perform, the essential terms of the contract on his part. (Persons who have obtained substituted performance are barred separately under clause (a).)
After the Specific Relief (Amendment) Act, 2018, the opening words of Section 10 provide that the specific performance of a contract :-
ashall be enforced subject to the provisions of sub-section (2) of Section 11, Section 14 and Section 16
bshall be enforced only where compensation in money is not an adequate relief
cshall be enforced only where there exists no standard for ascertaining actual damage
dmay, in the discretion of the court, be enforced
Answer: A
The 2018 amendment substituted Section 10 so that specific performance is now a general rule which the court 'shall' enforce, subject only to sub-section (2) of Section 11, Section 14 and Section 16, removing the earlier judicial discretion.
The maxim 'once a mortgage always a mortgage', under which any stipulation that prevents the mortgagor from redeeming his property is void, is recognised in the Transfer of Property Act, 1882 as the doctrine against:
aconsolidation of mortgages (Section 61)
bclog on the equity of redemption (Section 60)
cmarshalling of securities (Section 81)
dsubrogation (Section 92)
Answer: B
Section 60 confers the right of redemption on the mortgagor, and any condition fettering this right is struck down as a 'clog on the equity of redemption'.
In the absence of a contract or local usage to the contrary, a lease of immovable property for a purpose other than agricultural or manufacturing purposes is, under Section 106 of the Transfer of Property Act, 1882, deemed to be a lease from month to month, terminable by a notice of:
afifteen days
bthirty days expiring with the end of a year of the tenancy
csix months
dthree months
Answer: A
Under Section 106 (as amended in 2002), a lease for purposes other than agricultural or manufacturing is a month-to-month lease terminable by fifteen days' notice, while agricultural/manufacturing leases are year-to-year leases terminable by six months' notice.
Under Section 122 read with Section 126 of the Transfer of Property Act, 1882, a gift of movable or immovable property:
acan never be revoked once made under any circumstances
bmay be revoked by the donor at his mere will and pleasure
cis valid even without acceptance by the donee
dmust be accepted by the donee during the lifetime of the donor and while he is still capable of giving
Answer: D
Section 122 requires the donee to accept the gift during the donor's lifetime and while he is capable of giving; a gift revocable at the mere will of the donor is void under Section 126, though revocation on an agreed contingency not depending on the donor's will is permissible.
Under the Transfer of Property Act, 1882, which of the following CAN validly be transferred?
aA property the transfer of which is not opposed to the nature of the interest affected thereby
bThe salary of a public officer before it becomes payable
cA mere right to sue
dThe chance of an heir-apparent succeeding to an estate
Answer: A
Section 6 declares spes successionis (clause a), a mere right to sue (clause e) and a public officer's salary (clause f) non-transferable, while the residuary general rule permits transfer of any property not otherwise barred.
An application by a landlord for eviction on the ground of bonafide requirement under Section 23-A of the M.P. Accommodation Control Act, 1961 is to be made to :
athe District Judge
bthe Civil Judge having territorial jurisdiction
cthe Collector
dthe Rent Controlling Authority
Answer: D
Section 23-A enables a landlord falling within Section 23-J to submit an application (as if it were a plaint) to the Rent Controlling Authority for an order directing the tenant to put the landlord in possession.
Under Section 23-C of the M.P. Accommodation Control Act, 1961, a tenant served with summons in a Chapter III-A proceeding cannot contest the prayer for eviction unless he files an application for leave to defend, supported by affidavit, within :
athirty days from the date of service of summons
bten days from the date of service of summons
cfifteen days from the date of service of summons
dseven days from the date of service of summons
Answer: C
Section 23-C(1) requires the tenant to file, within fifteen days from the date of service of summons, an affidavit-supported application stating the grounds on which he seeks to contest and to obtain leave from the Rent Controlling Authority; in default the landlord's statements are deemed admitted.
In a proceeding under Chapter III-A of the M.P. Accommodation Control Act, 1961, with respect to the requirement of the accommodation by the landlord under Section 23-A, the Rent Controlling Authority shall, under Section 23-D(3) :
apresume that the requirement of the landlord is bonafide, unless the contrary is proved
bpresume that the requirement of the landlord is not bonafide
cdraw no presumption either way
drequire the landlord to prove bonafide need beyond reasonable doubt
Answer: A
Section 23-D(3) provides that in respect of a landlord's application it shall be presumed, unless the contrary is proved, that the requirement of the landlord with reference to clause (a) or (b) of Section 23-A is bonafide.
Reversion of land of a member of an aboriginal tribe which was transferred by fraud is provided for under which provision of the M.P. Land Revenue Code, 1959?
aSection 170-B
bSection 165
cSection 170
dSection 170-A
Answer: A
Section 170-B provides for reversion to a member of an aboriginal tribe of agricultural land which was transferred by fraud, casting an obligation on the person in possession to notify the Sub-Divisional Officer.
aThe judge asked, where were you on the night of the crime?
bThe judge asked "where were you on the night of the crime"?
cThe judge asked, "Where were you on the night of the crime?"
dThe judge asked; "Where were you on the night of the crime?"
Answer: C
A direct question in quotation marks is introduced by a comma, begins with a capital letter, and the question mark is placed inside the closing quotation marks.
Under Section 18 of the Limitation Act, 1963, a fresh period of limitation is computed from the time of the acknowledgment only where the acknowledgment of liability -
ais made at any time, even after the period has already expired
bis in writing signed by the party against whom the right is claimed (or his agent), and is made before the expiration of the prescribed period
cis made orally before two witnesses
dis implied from mere silence of the debtor
Answer: B
Section 18 requires the acknowledgment of liability to be in writing signed by the party (or his duly authorised agent) and to be made before the expiry of the prescribed period; only then does a fresh period of limitation begin to run from the date of acknowledgment.
Part-payment of a debt by the debtor restarts limitation under Section 19 of the Limitation Act, 1963 only if -
athe payment is made after the period has already expired
bthe payment is of the principal only and not of interest
cthe creditor merely issues a receipt for the payment
dthe payment is made before the expiry of the period and an acknowledgment of the payment appears in the handwriting of, or in a writing signed by, the person making it
Answer: D
Under Section 19, where part-payment of a debt or of interest on a legacy is made before expiry of the prescribed period, a fresh period runs from the date of payment, provided the fact of payment appears in the handwriting of, or in a writing signed by, the person making it.
Under the proviso to Order VIII Rule 1 of the CPC, where the defendant fails to file the written statement within thirty days, the court may allow him to file it on such other day as it may specify, not later than :-
asixty days from the date of service of summons
bninety days from the date of service of summons
cthirty days from the date of the first hearing
done hundred twenty days from the date of service of summons
Answer: B
Order VIII Rule 1 requires the written statement within thirty days, extendable for reasons recorded but not beyond ninety days from the date of service of summons.
Section 80 of the CPC requires that, before instituting a suit against the Government or a public officer in respect of an act purporting to be done in his official capacity, a notice must be given and the suit cannot be instituted until the expiration of :-
asix months after notice
bthree months after notice
cone month after notice
dtwo months after notice
Answer: D
Section 80(1) bars institution of such a suit until the expiration of two months after a notice in writing has been delivered to or left at the office of the Government or public officer.
The power to transfer a suit, appeal or other proceeding from a High Court or other civil court in one State to a High Court or other civil court in another State is conferred upon :-
athe Supreme Court under Section 25 CPC
bthe State Government under Section 23 CPC
cthe High Court under Section 24 CPC
dthe District Court under Section 24 CPC
Answer: A
Section 25 CPC empowers the Supreme Court to direct inter-State transfer of any suit, appeal or proceeding where it is expedient for the ends of justice; Section 24 concerns intra-State transfers by the High Court or District Court.
An order setting aside or refusing to set aside a sale of immovable property in execution of a decree, on the ground of material irregularity or fraud in publishing or conducting it, is dealt with under :-
aOrder XXI Rule 89
bOrder XXI Rule 90
cOrder XXI Rule 97
dOrder XXI Rule 92
Answer: B
Order XXI Rule 90 allows the decree-holder, purchaser or person whose interests are affected to apply to set aside an execution sale for material irregularity or fraud in publishing or conducting it, provided substantial injury is shown.
Where a decree is varied or reversed in appeal, the legal provision under which the court restores to a party what he has lost in execution of, or in consequence of, that decree is :-
aSection 115 CPC
bSection 151 CPC
cSection 144 CPC
dSection 114 CPC
Answer: C
Section 144 CPC embodies the doctrine of restitution: on variation or reversal of a decree, the court that passed it, on application of a party entitled to restitution, places the parties in the position they would have occupied but for the decree.
A caveat lodged under Section 148A of the CPC, if no application to which it relates is made, shall remain in force for a period of :-
aone hundred eighty days from the date on which it was lodged
bsixty days from the date on which it was lodged
cninety days from the date on which it was lodged
dthirty days from the date on which it was lodged
Answer: C
Under Section 148A(5), a caveat remains in force for ninety days from the date on which it was lodged unless the application in respect of which it is lodged has already been made before the expiry of that period.
In a suit by or against a minor, the person who institutes the suit on behalf of a minor plaintiff and the person who represents a minor defendant are respectively called :-
anext friend in both cases
bguardian ad litem in both cases
cguardian ad litem and next friend
dnext friend and guardian ad litem
Answer: D
Under Order XXXII, where a minor is the plaintiff the suit is instituted through his 'next friend', and where a minor is the defendant the court appoints a 'guardian ad litem' (guardian for the suit) to represent him.
Under Order II Rule 2 of the CPC, where a plaintiff omits to sue in respect of, or intentionally relinquishes, a portion of his claim, the consequence is that he :-
amay sue for the omitted portion only with the leave of the court already granted
bmay bring a fresh suit for the omitted portion at any time within limitation
cshall not afterwards sue in respect of the portion so omitted or relinquished
dmay amend the plaint at the appellate stage to include it
Answer: C
Order II Rule 2 requires every suit to include the whole of the claim; a plaintiff who omits or relinquishes part of his claim shall not afterwards sue in respect of the portion so omitted or relinquished, unless leave was obtained.
An order of temporary injunction granted under Order XXXIX of the CPC may, on an application of any party dissatisfied with it, be discharged, varied or set aside by the court under :-
aOrder XXXIX Rule 4
bOrder XXXIX Rule 10
cOrder XXXIX Rule 2A
dOrder XXXIX Rule 1
Answer: A
Order XXXIX Rule 4 empowers the court to discharge, vary or set aside any order of temporary injunction on application by an affected party; Rule 2A deals with consequences of disobedience of an injunction.
The original jurisdiction of the Supreme Court under Article 131 extends to a dispute:
aConcerning the validity of a private contract exceeding a prescribed value
bBetween an individual citizen and the Union Government
cBetween the Government of India and one or more States, or between two or more States
dArising out of any ordinary civil suit involving a substantial question of law
Answer: C
Article 131 confers exclusive original jurisdiction on the Supreme Court in federal disputes between the Centre and States or between States inter se, provided the dispute involves a question of legal right.
Which one of the following is NOT one of the fundamental duties enumerated in Article 51A of the Constitution?
aTo promote harmony and the spirit of common brotherhood among all the people of India
bTo safeguard public property and to abjure violence
cTo protect and improve the natural environment
dTo pay taxes honestly to the State
Answer: D
Paying taxes honestly is not among the fundamental duties listed in Article 51A; the duties to protect the environment, safeguard public property, abjure violence, and promote harmony are expressly enumerated.
Abolition of "untouchability" and forbidding its practice in any form is provided under which Article of the Constitution?
aArticle 17
bArticle 15
cArticle 16
dArticle 18
Answer: A
Article 17 abolishes untouchability and forbids its practice in any form, making its enforcement an offence punishable by law (now under the Protection of Civil Rights Act, 1955).
The directive that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India is contained in:
aArticle 51
bArticle 39
cArticle 44
dArticle 48
Answer: C
Article 44, a Directive Principle of State Policy in Part IV, directs the State to endeavour to secure a uniform civil code for citizens throughout India.
Under Article 13 of the Constitution, a law made by the State which takes away or abridges the rights conferred by Part III shall, to the extent of the contravention, be:
aVoid
bMerely directory and unenforceable
cValid until repealed by the Legislature
dVoidable at the option of the aggrieved party
Answer: A
Article 13(2) declares that any law inconsistent with or in derogation of the fundamental rights in Part III is void to the extent of such contravention.
The Fifth Schedule of the Constitution contains provisions relating to:
aForms of oaths and affirmations
bAllocation of seats in the Council of States
cAdministration and control of Scheduled Areas and Scheduled Tribes (other than those in certain north-eastern States)
dProvisions as to the disqualification on ground of defection
Answer: C
The Fifth Schedule, under Article 244(1), provides for the administration and control of Scheduled Areas and Scheduled Tribes in States other than Assam, Meghalaya, Tripura and Mizoram (which fall under the Sixth Schedule).
An accomplice shall be a competent witness against an accused person, and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), as enacted, this is laid down in:
aSection 124
bSection 137
cSection 139
dSection 138
Answer: D
Section 138 of the BSA, as enacted, makes an accomplice a competent witness and provides that 'a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice' (a change from the 'uncorroborated' wording of repealed Section 133 IEA). Read with Illustration (b) to Section 119 BSA, the Court may presume an accomplice unworthy of credit unless corroborated in material particulars.
Illustration (b) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), permits the Court to presume that:
aa 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
ban accomplice is unworthy of credit unless he is corroborated in material particulars
ca bill of exchange accepted or endorsed was accepted or endorsed for good consideration
djudicial and official acts have been regularly performed
Answer: B
Illustration (b) to Section 119 BSA (which re-enacts Illustration (b) to Section 114 IEA) allows the Court to presume that an accomplice is unworthy of credit unless corroborated in material particulars. Possession of stolen goods, consideration for a bill and regularity of official acts are separate illustrations to the same section.
Under the definitions in Section 2 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when one fact is declared by the Adhiniyam to be 'conclusive proof' of another, the Court, on proof of the one fact:
ashall regard the other fact as proved and shall not allow evidence to be given to disprove it
bshall direct the parties to lead further evidence on the other fact
cshall regard the other fact as proved unless and until it is disproved
dmay either regard the other fact as proved or call for proof of it
Answer: A
Under Section 2 BSA, on proof of one fact that is 'conclusive proof' of another, the Court must regard the other as proved and shall not allow evidence to disprove it. 'May presume' allows discretion, while 'shall presume' treats the fact as proved unless disproved.
In respect of an electronic record produced as secondary evidence, the Supreme Court in Anvar P.V. v. P.K. Basheer (2014), reaffirmed in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020), held that a certificate is mandatory. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this certificate requirement is now contained in:
aSection 63(4) of the BSA, and is mandatory
ba mere procedural formality that can be dispensed with
crequired only when the original device is not available
dSection 39 of the BSA relating to the opinion of an Examiner of Electronic Evidence
Answer: A
In Anvar P.V. v. P.K. Basheer, reaffirmed in Arjun Panditrao Khotkar, the certificate held mandatory under Section 65B(4) IEA now corresponds to the certificate required under Section 63(4) of the BSA as a condition precedent to the admissibility of secondary electronic evidence.
Leading questions are defined under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) as questions suggesting the answer the person putting them wishes to receive. The definition of a leading question is contained in:
aSection 148
bSection 150
cSection 142
dSection 146
Answer: D
Section 146 of the BSA defines a leading question as one suggesting the answer which the questioner desires or expects to receive. The same section governs when such questions may or may not be asked in examination-in-chief, re-examination and cross-examination.
The Court may, in its discretion, permit the party who calls a witness to put any questions to him which might be put in cross-examination by the adverse party (treating the witness as hostile). Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this power is conferred by:
aSection 158
bSection 148
cSection 157
dSection 151
Answer: C
Section 157 of the BSA empowers the Court, in its discretion, to permit a party calling a witness to put questions which might be put in cross-examination, which is the mechanism for dealing with a hostile witness, as explained in Sat Paul v. Delhi Administration.
A sum of money becomes Rs. 4,800 in 2 years and Rs. 5,400 in 5 years at the same rate of simple interest. What is the principal amount?
aRs. 4,400
bRs. 4,500
cRs. 4,600
dRs. 4,200
Answer: A
The interest for 3 years (from year 2 to year 5) is 5400 minus 4800 = Rs. 600, so interest per year is Rs. 200. For 2 years interest is Rs. 400, so principal = 4800 minus 400 = Rs. 4,400.
Choose the option that correctly fills the blank: "Neither the students nor the teacher ____ aware of the sudden change in the examination schedule."
awas
bwere
chave been
dare
Answer: A
With 'neither...nor', the verb agrees with the subject nearer to it; since 'the teacher' is singular and present-time context fits, the correct singular verb is 'was'.
Select the word that is most nearly OPPOSITE in meaning to the word 'BENEVOLENT'.
aMalevolent
bCharitable
cKind
dGenerous
Answer: A
'Benevolent' means well-meaning and kindly; its antonym is 'malevolent', meaning having or showing a wish to do evil to others. The other options are synonyms of benevolent.
Find the number that should come next in the series: 2, 6, 12, 20, 30, ?
a42
b36
c40
d44
Answer: A
The differences between successive terms are 4, 6, 8, 10, increasing by 2 each time, so the next difference is 12, giving 30 plus 12 = 42. Equivalently each term is n(n+1) for n = 1,2,3...
A contract to do or not to do something if some event, collateral to such contract, does or does not happen, is known as a :-
avoidable contract
bquasi contract
ccontingent contract under Section 31
dwagering agreement under Section 30
Answer: C
Section 31 defines a contingent contract as a contract to do or not to do something if some event, collateral to such contract, does or does not happen.
The effect of novation, rescission and alteration of a contract is provided under which Section of the Indian Contract Act, 1872 ?
aSection 73
bSection 62
cSection 56
dSection 63
Answer: B
Section 62 provides that if the parties agree to substitute a new contract, or to rescind or alter the existing one, the original contract need not be performed.
When a contract has been broken, the party who suffers is entitled to compensation for loss or damage which naturally arose in the usual course of things, but not for any remote and indirect loss. This rule is contained in :-
aSection 73
bSection 74
cSection 75
dSection 70
Answer: A
Section 73 lays down the measure of compensation for breach, limited to loss naturally arising in the usual course of things or within the parties' contemplation, and excludes remote and indirect loss.
A 'contract of indemnity', whereby one party promises to save the other from loss caused to him by the conduct of the promisor himself or of any other person, is defined under :-
aSection 124
bSection 125
cSection 126
dSection 148
Answer: A
Section 124 defines a contract of indemnity as one by which one party promises to save the other from loss caused by the conduct of the promisor himself or any other person.
In a contract of guarantee, the person who gives the guarantee and the person in respect of whose default the guarantee is given are respectively called :-
athe principal debtor and the surety
bthe surety and the creditor
cthe surety and the principal debtor
dthe creditor and the surety
Answer: C
Under Section 126, the person who gives the guarantee is the 'surety', the person in respect of whose default the guarantee is given is the 'principal debtor', and the person to whom it is given is the 'creditor'.
Under the Indian Penal Code, the offence of dacoity (Section 391) is constituted when robbery is committed or attempted by a minimum of how many persons acting conjointly?
aFive persons
bTwo persons
cThree persons
dFour persons
Answer: A
Section 391 IPC provides that when five or more persons conjointly commit or attempt to commit a robbery, the offence is dacoity; robbery by fewer than five persons is not dacoity.
Criminal conspiracy is defined under which section of the Indian Penal Code?
aSection 120B
bSection 121
cSection 120A
dSection 107
Answer: C
Section 120A IPC defines criminal conspiracy as an agreement between two or more persons to do or cause to be done an illegal act, or a legal act by illegal means; Section 120B provides the punishment.
For the offence of kidnapping from lawful guardianship under Section 361 of the Indian Penal Code, the age below which a female is a "minor" is:
aEighteen years
bFifteen years
cSixteen years
dTwenty-one years
Answer: A
Section 361 IPC treats a male under sixteen and a female under eighteen years of age as a minor for the purposes of kidnapping from lawful guardianship.
Section 53 of the Indian Penal Code prescribes the kinds of punishments to which offenders are liable. Which of the following is NOT one of the punishments enumerated therein?
aFine
bImprisonment for life
cForfeiture of property
dSolitary confinement
Answer: D
Section 53 IPC lists five punishments: death, imprisonment for life, imprisonment (simple or rigorous), forfeiture of property, and fine. Solitary confinement is a mode of executing imprisonment (Sections 73-74), not a separate Section 53 punishment.
Which of the following is designated as "grievous hurt" under Section 320 of the Indian Penal Code?
aTemporary swelling that heals in a week
bA scratch on the hand
cPermanent privation of the sight of either eye
dAny hurt causing bodily pain for three days
Answer: C
Section 320 IPC enumerates eight kinds of grievous hurt, including emasculation and permanent privation of the sight of either eye; a minor or temporary injury is only simple hurt.
Under Section 105 of the BNSS, 2023, the process of conducting a search and seizure, including preparation of the list of seized things and signing by witnesses, shall be:
aReduced to writing and countersigned by the District Collector
bConducted only in the presence of a Judicial Magistrate of the first class
cAttested by at least two gazetted officers of the locality
dRecorded through audio-video electronic means, preferably a mobile phone, and forwarded without delay to the Magistrate
Answer: D
Section 105 BNSS is a new provision requiring search and seizure (including the seizure memo and witness signatures) to be recorded through audio-video electronic means, preferably a mobile phone, and the recording forwarded without delay to the District/Sub-divisional/Judicial Magistrate of the first class.
The BNSS, 2023 has introduced, for the first time in Indian criminal procedure, a mechanism for inquiry, trial or judgment in absentia of a proclaimed offender who has absconded to evade trial. This provision is found in:
aSection 356 BNSS
bSection 366 BNSS
cSection 339 BNSS
dSection 84 BNSS
Answer: A
Section 356 BNSS introduces trial in absentia of a proclaimed offender; his absconding is deemed a waiver of the right to be present, and the trial may proceed (after the prescribed warrants, newspaper publication and a 90-day wait from framing of charge) with State-provided counsel if needed.
Under the proviso to Section 193 of the BNSS, 2023, the investigation in relation to an offence under Sections 64 to 71 of the Bharatiya Nyaya Sanhita, 2023 (rape and related sexual offences) or under specified provisions of the POCSO Act, 2012 shall be completed within:
aSix months from the date of registration of the FIR
bThree months from the date of arrest
cOne month from the date of recording of the information
dTwo months from the date on which the information was recorded
Answer: D
The proviso to Section 193 BNSS requires investigation into the specified sexual offences (BNS Ss. 64-71 / POCSO Ss. 4, 6, 8, 10) to be completed within two months from the date the information was recorded.
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