Madhya Pradesh Judiciary Mock Test 9 — Questions & Solutions
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Under the Bharatiya Nyaya Sanhita, 2023, 'criminal conspiracy' is defined and dealt with under:
aSection 59
bSection 62
cSection 61
dSection 45
Answer: C
Section 61 BNS defines criminal conspiracy as an agreement between two or more persons to do an illegal act or a legal act by illegal means, corresponding to the old Section 120A/120B IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'affray' two or more persons fighting in a public place and disturbing the public peace is punishable under:
aSection 196
bSection 191
cSection 189
dSection 194
Answer: D
Section 194 BNS defines affray and prescribes a maximum punishment of one month's imprisonment or a fine of one thousand rupees, or both; rioting falls under Section 191.
Under Section 310 of the Bharatiya Nyaya Sanhita, 2023, an act of robbery becomes 'dacoity' when it is conjointly committed or attempted by:
afour or more persons
btwo or more persons
cfive or more persons
dthree or more persons
Answer: C
Section 310 BNS retains the IPC position that where five or more persons conjointly commit or attempt a robbery (including those present and aiding), the offence is dacoity, punishable with imprisonment for life or rigorous imprisonment up to ten years.
A is entrusted with property and dishonestly converts it to his own use. Under the Bharatiya Nyaya Sanhita, 2023, this offence of criminal breach of trust falls under:
aSection 316
bSection 303
cSection 320
dSection 318
Answer: A
Section 316 BNS deals with criminal breach of trust (old Section 405/406 IPC), where property is received lawfully on trust and later dishonestly misappropriated; cheating is dealt with separately under Section 318.
Kidnapping or abducting a person in order that the victim may be murdered, or for ransom, is an aggravated offence punishable under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 137
bSection 140
cSection 139
dSection 141
Answer: B
Section 140 BNS punishes the aggravated forms of kidnapping/abduction, including for ransom or in order to murder; the basic offence of kidnapping is defined in Section 137.
Under the BNSS, 2023, the provision for grant of anticipatory bail (direction for release on bail to a person apprehending arrest) is contained in:
aSection 438
bSection 482
cSection 483
dSection 437
Answer: B
Anticipatory bail, earlier under Section 438 CrPC, is now governed by Section 482 BNSS, under which an application may be made to the Court of Session or the High Court.
Under Section 398 of the BNSS, 2023, the obligation to prepare and notify a Witness Protection Scheme is cast upon:
aThe National Human Rights Commission
bEvery State Government
cThe Central Government
dThe concerned High Court
Answer: B
Section 398 BNSS, a new statutory provision, mandates that every State Government shall prepare and notify a Witness Protection Scheme for the State to ensure protection of witnesses.
Under Section 184 of the BNSS, 2023, the registered medical practitioner conducting the medical examination of a victim of rape must forward the report to the investigating officer within:
aThree days
bSeven days
cTwenty-four hours
dFifteen days
Answer: B
Section 184 BNSS requires that the medical report of the examination of a rape victim be forwarded by the registered medical practitioner to the investigating officer within seven days.
Under Section 530 of the BNSS, 2023, which of the following may be conducted in electronic mode using audio-video electronic means?
aAll trials, inquiries and proceedings, including issuance and service of summons and warrants, examination of witnesses and recording of evidence
bOnly the issuance and service of summons
cOnly the recording of evidence of witnesses
dOnly appellate proceedings before the High Court
Answer: A
Section 530 BNSS permits all trials, inquiries and proceedings—including issuance, service and execution of summons and warrants, examination of complainant and witnesses, recording of evidence and appellate proceedings—to be held in electronic mode.
Where, on completion of investigation, further investigation is conducted during the trial with the permission of the Court under Section 193 of the BNSS, 2023, such further investigation shall ordinarily be completed within:
aOne hundred and eighty days
bNinety days
cThirty days
dSixty days
Answer: B
The proviso to Section 193(9) BNSS provides that further investigation during trial, with the Court's permission, shall be completed within ninety days, which may be extended only with the permission of the Court.
A suit under Section 6 of the Specific Relief Act, 1963 for recovery of possession by a person dispossessed otherwise than in due course of law :-
acan be brought against the Government like any other person
bcan be brought against the Government only with the sanction of the Collector
cshall not be brought against the Government
dcan be brought against the Government only in the High Court
Answer: C
The proviso in Section 6(2)(b) expressly bars any suit under Section 6 against the Government; the State can ordinarily be presumed to act in due course of law.
After the Specific Relief (Amendment) Act, 2018, which of the following is NOT one of the contracts which cannot be specifically enforced under Section 14 of the Specific Relief Act, 1963 ?
aA contract which is so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms
bA contract which is in its nature determinable
cA contract for the non-performance of which compensation in money is an adequate relief
dA contract the performance of which involves the performance of a continuous duty which the court cannot supervise
Answer: C
The 2018 amendment recast Section 14 and deleted the old clause about contracts for which money compensation is adequate; the four surviving bars are substituted performance obtained under Section 20, continuous-duty contracts, contracts dependent on personal qualifications, and determinable contracts.
Under Section 20 of the Specific Relief Act, 1963 (as amended in 2018), before a party who suffers breach of contract may have it performed through a third party or by his own agency, he must first give the party in breach a notice in writing of not less than :-
athirty days
bfifteen days
cninety days
dsixty days
Answer: A
Section 20(2) requires a written notice of not less than thirty days calling upon the party in breach to perform; only on his refusal or failure may substituted performance be undertaken, and the aggrieved party then loses the right to specific performance against the defaulter.
In respect of a contract relating to an infrastructure project specified in the Schedule, Section 20A of the Specific Relief Act, 1963 provides that the court :-
amay grant an injunction in every case to protect the plaintiff
bshall not grant an injunction where it would cause hindrance or delay in the continuance or completion of the infrastructure project
cshall grant only mandatory injunctions and not prohibitory injunctions
dshall always refer the dispute to arbitration
Answer: B
Section 20A, inserted by the 2018 amendment, bars the court from granting an injunction in a suit relating to a Scheduled infrastructure project where the injunction would cause hindrance or delay in its continuance or completion.
Where the mortgagor binds himself to repay the mortgage money on a certain date and transfers the mortgaged property absolutely to the mortgagee, subject to a proviso that he will re-transfer it to the mortgagor upon payment, the mortgage is known as:
aSimple mortgage
bEnglish mortgage
cUsufructuary mortgage
dMortgage by conditional sale
Answer: B
Section 58(e) of the Transfer of Property Act defines an English mortgage, where the mortgagor binds himself to repay on a certain date and transfers the property absolutely subject to a proviso for re-transfer on repayment.
'A' gives a lakh of rupees to 'B', reserving to himself, with B's assent, the right to take back at his mere pleasure Rs. 10,000 out of it. What is the legal effect of this arrangement?
aThe gift is good as to the whole amount, but the reservation of the right to take back Rs. 10,000 at pleasure is void
bThe gift is voidable at the option of B
cThe entire gift is void
dThe gift is valid only to the extent of Rs. 90,000
Answer: A
Under Section 126 of the Transfer of Property Act, a gift made revocable, wholly or in part, at the mere will of the donor is void to that extent; per the illustration, the gift of the lakh stands but the reserved power to take back Rs. 10,000 at pleasure is void.
The doctrine of lis pendens, under which property which is the subject-matter of a pending suit cannot be transferred so as to affect the rights of any party under the eventual decree, is contained in which section of the Transfer of Property Act?
aSection 52
bSection 41
cSection 53
dSection 48
Answer: A
Section 52 of the Transfer of Property Act embodies the doctrine of lis pendens; a transfer made during the pendency of a suit binds the transferee to the result of the suit, irrespective of notice.
Which of the following may NOT be transferred under the Transfer of Property Act, 1882?
aA reversion arising on the determination of a lease
bAn actionable claim
cThe equity of redemption of a mortgagor
dThe right to future maintenance, in whosoever favour it may be secured, for personal benefit
Answer: D
Section 6(dd) of the Transfer of Property Act bars transfer of a right to future maintenance, which is for the personal benefit of the person concerned; actionable claims, reversions and the equity of redemption are all transferable.
Against an order passed by the Rent Controlling Authority under Chapter III-A of the M.P. Accommodation Control Act, 1961, the remedy available to an aggrieved person is :
aa revision to the High Court (no appeal lies)
ban appeal to the District Judge
can appeal to the Court of Small Causes
da review before the Rent Controlling Authority itself
Answer: A
Under Section 23-E, no appeal lies from an order of the Rent Controlling Authority under Chapter III-A; the High Court may, however, exercise revisional jurisdiction, suo motu or on the application of an aggrieved person.
Under Section 12(1) of the M.P. Accommodation Control Act, 1961, the ground that the tenant has, whether before or after the commencement of the Act, unlawfully sub-let, assigned or otherwise parted with possession of the whole or any part of the accommodation is contained in :
aclause (b)
bclause (a)
cclause (c)
dclause (e)
Answer: A
Section 12(1)(b) deals with unlawful sub-letting, assignment or parting with possession of the accommodation by the tenant without the landlord's consent.
Under Section 2 of the M.P. Accommodation Control Act, 1961, a 'landlord' means a person who, for the time being :
aowns the accommodation by a registered sale deed only
bhas constructed the accommodation
cis in physical possession of the accommodation
dis receiving or is entitled to receive the rent of any accommodation
Answer: D
Section 2 defines 'landlord' as a person who, for the time being, is receiving or is entitled to receive the rent of any accommodation, whether on his own account or on account of another, and includes a tenant who has sub-let.
Under Section 57 of the M.P. Land Revenue Code, 1959, ownership of all lands, including standing and flowing water, mines, quarries, minerals and forests, vests in the -
aState Government
bGram Panchayat
cBoard of Revenue
dbhumiswami in possession
Answer: A
Section 57(1) declares that all lands belong to the State Government, including standing and flowing water, mines, quarries, minerals and forests, whether reserved or not.
Under Section 124 of the M.P. Land Revenue Code, 1959, the construction of boundary marks of villages, survey numbers or plot numbers is provided. In case of temporary vacancy, the officer placed in charge of the current duties of the Collector is deemed to be the Collector under which section?
aSection 30
bSection 28
cSection 24
dSection 26
Answer: D
Section 26 provides that if the Collector dies or is disabled, the officer temporarily placed in charge of his current duties shall be held to be the Collector until a successor takes charge.
Under Section 44 of the M.P. Land Revenue Code, 1959, an appeal from an original order passed by a Revenue Officer subordinate to the Sub-Divisional Officer lies to the -
aSub-Divisional Officer
bCollector
cCommissioner
dBoard of Revenue
Answer: A
Section 44(1)(a) provides that an appeal from an order of a Revenue Officer subordinate to the Sub-Divisional Officer lies to the Sub-Divisional Officer, whether or not that officer is invested with the powers of the Collector.
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At the time from which the prescribed period for instituting a suit is to be reckoned, the person entitled to sue is a minor. Under Section 6 of the Limitation Act, 1963, within what time may he institute the suit?
aHe loses the right to sue entirely on attaining majority
bWithin one year from the date the minority ceases, irrespective of the period in the Schedule
cWithin three years from the date the cause of action accrued, with no extension
dWithin the same period after the disability has ceased as would otherwise have been allowed from the time specified in the Schedule
Answer: D
Section 6(1) allows a person under a legal disability (minor, insane or idiot) at the relevant time to institute the suit or make the application within the same period after the disability has ceased as would otherwise have been allowed from the time specified in the third column of the Schedule.
A debtor, before the expiration of the prescribed period, makes a written and signed acknowledgment of his liability to the creditor. What is the effect under Section 18 of the Limitation Act, 1963?
aThe limitation period is extended by an additional three years from the date of the original cause of action
bA fresh period of limitation shall be computed from the time when the acknowledgment was signed
cThe debt becomes time-barred immediately because acknowledgment amounts to admission of delay
dThe acknowledgment has no effect unless it is registered before a notary
Answer: B
Under Section 18, where an acknowledgment of liability is made in writing signed by the party against whom the right is claimed before the prescribed period expires, a fresh period of limitation is computed from the time the acknowledgment was so signed.
Under Section 139 of the Negotiable Instruments Act, 1881, it shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque :-
aWithout consideration
bAs a gift
cBy way of security only
dFor the discharge, in whole or in part, of any debt or other liability
Answer: D
Section 139 raises a rebuttable presumption that the holder of the cheque received it for the discharge, in whole or in part, of any debt or other liability; the burden then shifts to the accused to rebut it on a preponderance of probabilities.
Where an appeal from an original or appellate decree or order has been heard and decided by a Single Judge of a High Court, the provision that bars any further appeal therefrom notwithstanding anything in any Letters Patent is :-
aSection 104 of the Code of Civil Procedure, 1908
bSection 105 of the Code of Civil Procedure, 1908
cSection 100 of the Code of Civil Procedure, 1908
dSection 100-A of the Code of Civil Procedure, 1908
Answer: D
Section 100-A, titled 'No further appeal in certain cases', begins with a non-obstante clause overriding Letters Patent and bars any Letters Patent Appeal where a Single Judge of a High Court has decided an appeal from an original or appellate decree or order.
The power of a civil court to grant restitution, restoring to a party that which has been lost in consequence of a decree which is subsequently varied or reversed, is contained in :-
aSection 151 of the Code of Civil Procedure, 1908
bSection 114 of the Code of Civil Procedure, 1908
cSection 144 of the Code of Civil Procedure, 1908
dSection 115 of the Code of Civil Procedure, 1908
Answer: C
Section 144 provides for restitution: where a decree is varied or reversed in appeal, revision or otherwise, the court which passed the decree shall on application place the parties in the position they would have occupied but for the decree. Section 114 deals with review and Section 115 with revision.
Where any period is fixed or granted by a Court for the doing of any act prescribed or allowed by the Code, the Court has power, from time to time, to enlarge such period even though the period originally fixed has expired, under :-
aSection 151 of the Code of Civil Procedure, 1908
bSection 149 of the Code of Civil Procedure, 1908
cSection 148 of the Code of Civil Procedure, 1908
dSection 150 of the Code of Civil Procedure, 1908
Answer: C
Section 148, titled 'Enlargement of time', empowers the court to enlarge a period it has fixed for doing an act, even after the period has expired, the total extension not exceeding thirty days after the 1999 amendment. Section 151 separately preserves the inherent powers of the court.
Compensatory costs in respect of false or vexatious claims or defences may be awarded under Section 35-A of the Code of Civil Procedure, 1908, subject to a maximum amount of :-
afive thousand rupees
bthree thousand rupees
cten thousand rupees
done thousand rupees
Answer: B
Section 35-A permits a court, where a claim or defence is found to be false or vexatious to the knowledge of the party, to award compensatory costs not exceeding three thousand rupees or the limit of the court's pecuniary jurisdiction, whichever is less.
Under the proviso to Order VIII Rule 1 of the Code of Civil Procedure, 1908, where the defendant fails to file the written statement within thirty days, the Court may allow him to file it on a later day, but not later than :-
aninety days from the date of service of summons
bone hundred eighty days from the date of service of summons
cone hundred twenty days from the date of service of summons
dsixty days from the date of service of summons
Answer: A
Order VIII Rule 1 requires the written statement within thirty days of service of summons; the proviso permits the court, for recorded reasons, to extend the time, but in no case beyond ninety days from the date of service of summons.
A defendant against whom an ex parte decree has been passed may apply to the Court by which the decree was passed for an order to set it aside under :-
aOrder IX Rule 7 of the Code of Civil Procedure, 1908
bOrder IX Rule 9 of the Code of Civil Procedure, 1908
cOrder IX Rule 4 of the Code of Civil Procedure, 1908
dOrder IX Rule 13 of the Code of Civil Procedure, 1908
Answer: D
Order IX Rule 13 enables a defendant to apply to set aside an ex parte decree on proof that the summons was not duly served or that he was prevented by sufficient cause from appearing. Order IX Rule 9, by contrast, concerns setting aside dismissal of a suit for the plaintiff's default.
Where the holder of a decree for possession of immovable property is resisted or obstructed by any person in obtaining possession of the property, the remedy is to apply to the executing Court under :-
aOrder XXI Rule 58 of the Code of Civil Procedure, 1908
bOrder XXI Rule 97 of the Code of Civil Procedure, 1908
cOrder XXI Rule 101 of the Code of Civil Procedure, 1908
dOrder XXI Rule 99 of the Code of Civil Procedure, 1908
Answer: B
Order XXI Rule 97 allows the decree-holder for possession (or auction-purchaser) who is resisted or obstructed by any person to apply to the executing court, which then adjudicates the application under Rules 98 to 101 as a complete code. Rule 99 deals with the complaint of a dispossessed person.
In which of the following cases did the Supreme Court hold that a civil court, while exercising power under Section 89 of the Code of Civil Procedure, 1908, cannot refer a suit to arbitration unless all parties to the suit agree to such reference, and laid down guidelines for choosing the appropriate ADR process?
aSalem Advocate Bar Association v. Union of India
bAfcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd.
cBooz Allen & Hamilton Inc. v. SBI Home Finance Ltd.
dK.K. Modi v. K.N. Modi
Answer: B
In Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24, the Supreme Court held that a court cannot refer parties to arbitration under Section 89 without the consent of all parties, and gave detailed guidelines on selecting the suitable ADR mechanism.
Which of the following modes of settlement is NOT one of those enumerated in Section 89(1) of the Code of Civil Procedure, 1908, for reference of a dispute outside the Court?
aConciliation
bJudicial settlement including settlement through Lok Adalat
cArbitration
dCompulsory reference to a commission of inquiry
Answer: D
Section 89(1) lists four modes for referring a dispute for settlement: arbitration, conciliation, judicial settlement including settlement through Lok Adalat, and mediation. A 'compulsory reference to a commission of inquiry' is not among them.
Under Article 217(1) of the Constitution, a Judge of a High Court holds office until he attains the age of:
aSixty-eight years
bSixty-five years
cSixty-two years
dSixty years
Answer: C
Article 217(1) provides that a Judge of a High Court shall hold office until he attains the age of sixty-two years (raised from sixty by the Fifteenth Amendment).
Article 21A, inserted by the Eighty-sixth Constitutional Amendment, makes provision for free and compulsory education to children of the age of:
aSix to fourteen years
bSix to eighteen years
cFive to twelve years
dThree to fourteen years
Answer: A
Article 21A obliges the State to provide free and compulsory education to all children of the age of six to fourteen years, in such manner as the State may by law determine.
Under Article 61, the procedure for impeachment of the President for violation of the Constitution requires the charge to be passed by a resolution of each House by a majority of:
aThree-fourths of the total membership of that House
bSimple majority of members present and voting
cNot less than two-thirds of the total membership of that House
dTwo-thirds of the members present and voting only
Answer: C
Article 61(3) requires that the resolution preferring or sustaining the charge be passed by a majority of not less than two-thirds of the total membership of the House.
The power of the Supreme Court to do complete justice in any cause or matter pending before it is conferred by:
aArticle 136
bArticle 143
cArticle 142
dArticle 141
Answer: C
Article 142(1) empowers the Supreme Court to pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
Under Article 1 of the Constitution, India, that is Bharat, shall be a:
aUnitary State with federal features
bUnion of States
cConfederation of States and Union Territories
dFederation of States
Answer: B
Article 1(1) declares that India, that is Bharat, shall be a Union of States; the term 'Union of States' deliberately avoids the language of a federation or compact.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the cases in which secondary evidence relating to documents may be given are enumerated in:
aSection 60
bSection 58
cSection 61
dSection 59
Answer: A
Section 60 BSA (formerly Section 65 IEA) enumerates the situations (such as the original being lost or destroyed, or in possession of the opposite party) in which secondary evidence of a document may be given; Section 58 BSA merely defines the kinds of secondary evidence.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the burden of proving that the case of an accused falls within any of the General Exceptions in the Bharatiya Nyaya Sanhita, or within any special exception, lies on:
awhichever party first asserts the exception
bthe Court, which must investigate the matter suo motu
cthe prosecution, throughout the trial
dthe accused, and the Court shall presume the absence of such circumstances
Answer: D
Section 108 BSA (formerly Section 105 IEA) places the burden of proving the existence of circumstances bringing the case within an exception upon the accused, and the Court is to presume the absence of such circumstances.
Under Section 139 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the number of witnesses required for the proof of any fact is:
aat least two in all cases
bas many as the Court may direct before trial
cno particular number; evidence is to be weighed and not counted
dat least three in cases punishable with death
Answer: C
Section 139 BSA (formerly Section 134 IEA) provides that no particular number of witnesses shall in any case be required for the proof of any fact, embodying the maxim that evidence is to be weighed and not counted.
Under Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), an accomplice:
ais not a competent witness against an accused person
bis a competent witness, and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice
ccan testify only after being granted pardon by the High Court
dis competent only in cases triable by a Court of Session
Answer: B
Section 138 BSA provides that an accomplice shall be a competent witness against an accused person, and that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. Note that the enacted BSA text reads 'corroborated' (a deliberate departure from the repealed IEA s.133, which spoke of a conviction not being illegal 'merely because it proceeds upon the uncorroborated testimony of an accomplice'). Illustration (b) to Section 119 BSA permits the Court to presume an accomplice unworthy of credit unless corroborated in material particulars.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the examination of a witness by the party who calls him is called:
aleading examination
bre-examination
ccross-examination
dexamination-in-chief
Answer: D
Section 142 BSA (formerly Section 137 IEA) defines examination-in-chief as the examination of a witness by the party who calls him; examination by the adverse party is cross-examination, and subsequent examination by the party calling him is re-examination.
The power of the Judge to ask any question he pleases, in any form, at any time, of any witness or of the parties, about any fact relevant or irrelevant in order to discover or obtain proper proof of relevant facts, is conferred by which provision of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aSection 165
bSection 170
cSection 167
dSection 168
Answer: D
Section 168 BSA (formerly Section 165 IEA) confers wide powers on the Judge to put any question to any witness or party at any time to discover or obtain proper proof of relevant facts, subject to the safeguards in the proviso regarding the judgment being based on relevant and duly proved facts.
Under Section 5 of the Indian Contract Act, 1872, a proposal may be revoked at any time -
abefore the communication of its acceptance is complete as against the acceptor, but not afterwards
bbefore the communication of its acceptance is complete as against the proposer, but not afterwards
cbefore the acceptor posts his letter of acceptance, but not after he posts it even if the proposer has no knowledge of it
dat any time before the acceptance actually comes to the knowledge of the proposer
Answer: B
Section 5 expressly provides that a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards; an acceptance may be revoked before its communication is complete as against the acceptor.
A, for natural love and affection, promises in writing and registers an instrument to give his son B Rs. 1,000. Under the Indian Contract Act, 1872, this agreement is -
avoidable at the option of A, the promisor
ba valid contract by virtue of Section 25(1)
cvalid only if B has already rendered some service to A
dvoid, as it is made without consideration
Answer: B
Section 25(1) makes an agreement without consideration valid if it is expressed in writing and registered, and is made on account of natural love and affection between parties standing in a near relation to each other.
Under Section 128 of the Indian Contract Act, 1872, the liability of the surety -
aarises only after the creditor has first exhausted remedies against the principal debtor
bis co-extensive with that of the principal debtor, unless it is otherwise provided by the contract
cis always limited to half the liability of the principal debtor
dis independent of and unconnected with the liability of the principal debtor
Answer: B
Section 128 declares that the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract, so the surety is liable to the same extent as the principal debtor.
Where a person lawfully does something for another or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the obligation of the person enjoying the benefit to make compensation is found in -
aSection 72 of the Indian Contract Act, 1872
bSection 68 of the Indian Contract Act, 1872
cSection 73 of the Indian Contract Act, 1872
dSection 70 of the Indian Contract Act, 1872
Answer: D
Section 70, a quasi-contractual provision, obliges a person who enjoys the benefit of a non-gratuitous act or delivery to compensate or restore to the person who lawfully did or delivered it, embodying the principle of quantum meruit.
Under Section 25(3) of the Indian Contract Act, 1872, a promise to pay a debt of which the creditor might have enforced payment but for the law of limitation of suits is a valid agreement only if the promise is:
asupported by fresh consideration moving from the creditor
bregistered before the Sub-Registrar of the district
coral but made before two attesting witnesses
dmade in writing and signed by the person to be charged therewith or by his duly authorised agent
Answer: D
Section 25(3) makes a promise to pay a time-barred debt enforceable without fresh consideration only when it is made in writing and signed by the person to be charged or by his agent generally or specially authorised in that behalf.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for the offence of murder is prescribed by:
aSection 302
bSection 101
cSection 105
dSection 103
Answer: D
Murder is defined in Section 101 BNS, but its punishment (death or imprisonment for life, and fine) is laid down in Section 103 BNS. The old IPC Section 302 stands replaced.
'A', by making a promise to marry 'W' which he never intended to fulfil, induces 'W' to have sexual intercourse with him, the act not amounting to rape. Under the Bharatiya Nyaya Sanhita, 2023, the maximum imprisonment that may be imposed on 'A' under Section 69 is:
aImprisonment for life
bSeven years
cTen years
dThree years
Answer: C
Section 69 BNS punishes sexual intercourse obtained by deceitful means or a false promise to marry (not amounting to rape) with imprisonment of either description up to ten years and fine. This is a wholly new offence with no exact IPC counterpart.
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, the maximum imprisonment that may be imposed is:
aSeven years
bFive years
cTen years
dTwo years
Answer: D
Under the proviso to Section 106(1) BNS, a registered medical practitioner causing such death during a medical procedure is liable to imprisonment up to two years and fine, as against the general maximum of five years for causing death by negligence.
The offence of 'snatching', whereby a person, in order to commit theft, suddenly or quickly or forcibly seizes or grabs movable property, has been introduced for the first time as a distinct offence under the Bharatiya Nyaya Sanhita, 2023. It is punishable under:
aSection 304
bSection 309
cSection 305
dSection 303
Answer: A
Section 304 BNS newly defines 'snatching' and prescribes imprisonment of either description up to three years and fine. There was no separate provision for snatching in the IPC.
Under the Bharatiya Nyaya Sanhita, 2023, where five or more persons acting in concert commit murder on the ground of race, caste, sex, place of birth, language or personal belief, the minimum imprisonment that may be imposed on each member (where death or life imprisonment is not awarded) under Section 103 is:
aSeven years
bThree years
cTen years
dFive years
Answer: A
Section 103(2) BNS provides that for such 'mob/hate' murders by a group of five or more persons, each member is punishable with death, or imprisonment for life, or imprisonment for a term not less than seven years, and fine. This sub-section has no IPC equivalent.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the total period of detention in police custody that a Magistrate may authorise in respect of an accused shall not exceed -
aFifteen days in the whole, whether at one time or in parts
bSixty days in the whole
cSeven days in the whole
dThirty days in the whole
Answer: A
Section 187 BNSS retains the fifteen-day ceiling on police custody, but now permits it to be sought in parts spread over the first forty or sixty days of the overall sixty/ninety-day investigation period, unlike the old Section 167 CrPC.
Under the first proviso to Section 479(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a person who is a first-time offender (never previously convicted) shall be released on bond by the Court if he has undergone detention for a period extending up to -
aOne-half of the maximum period of imprisonment specified for the offence
bOne-fourth of the maximum period of imprisonment specified for the offence
cOne-third of the maximum period of imprisonment specified for the offence
dThe whole of the maximum period of imprisonment specified for the offence
Answer: C
While the general rule under Section 479(1) BNSS entitles an undertrial to release on bail after detention of one-half of the maximum imprisonment, the first proviso lowers this to one-third for a first-time offender; the benefit does not extend to offences punishable with death or life imprisonment.
Under Section 23(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court of a Magistrate of the first class may pass a sentence of -
aImprisonment not exceeding seven years, or fine not exceeding ten thousand rupees, or both
bImprisonment not exceeding three years, or fine not exceeding fifty thousand rupees, or both, or community service
cImprisonment not exceeding one year, or fine not exceeding five thousand rupees, or both
dAny sentence authorised by law except death, life imprisonment or imprisonment exceeding seven years
Answer: B
Section 23 BNSS empowers a first-class Magistrate to award up to three years' imprisonment or fine up to fifty thousand rupees or both, and now additionally to order community service; option (d) describes a Chief Judicial Magistrate's powers.
Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023 introduces trial in absentia of a proclaimed offender. Such inquiry or trial shall not commence unless a period of how long has lapsed from the date of framing of the charge?
aOne hundred eighty days
bThirty days
cNinety days
dSixty days
Answer: C
Section 356 BNSS, a wholly new provision, permits trial in absentia of an absconding proclaimed offender only after ninety days have lapsed from framing of charge, and requires two consecutive warrants of arrest issued at least thirty days apart.
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, information relating to the commission of a cognizable offence -
aCan be registered only after prior permission of the Magistrate
bCan be given only at the police station within whose local jurisdiction the offence is committed
cMay be given orally or by electronic communication, irrespective of the area where the offence is committed (Zero FIR)
dMust always be reduced to writing and signed before any entry can be made
Answer: C
Section 173 BNSS statutorily recognises the Zero FIR and permits information of a cognizable offence to be given by electronic communication irrespective of jurisdiction (electronic information being signed within three days), a significant departure from the old Section 154 CrPC.
Under Section 20C of the Specific Relief Act, 1963, a suit filed under the provisions of the Act shall be disposed of by the court within a period of twelve months from the date of service of summons to the defendant, and this period may be extended for a further period not exceeding :-
athree months in aggregate, after recording reasons in writing
bnine months in aggregate, after recording reasons in writing
csix months in aggregate, after recording reasons in writing
dtwelve months in aggregate, after recording reasons in writing
Answer: C
Section 20C, notwithstanding the CPC, prescribes disposal within twelve months of service of summons, extendable by a further period not exceeding six months in aggregate after the court records reasons in writing.
A plaintiff who is entitled to any legal character or to any right as to any property, but who, being able to seek further relief than a mere declaration of title, omits to do so, faces what consequence under Section 34 of the Specific Relief Act, 1963 ?
aThe court shall not make any such declaration
bThe court shall stay the suit until the further relief is claimed
cThe court shall grant the declaration on payment of additional court fee
dThe court may still grant the declaration in its discretion
Answer: A
The proviso to Section 34 bars a court from making a declaration where the plaintiff, being able to seek further relief (such as possession or consequential relief), omits to do so; a bare declaratory suit is then not maintainable.
In a suit for specific performance of a contract, Section 21 of the Specific Relief Act, 1963 empowers the court to award compensation :-
aonly where the contract relates to immovable property
bin no circumstances, as compensation must be claimed in a separate suit
ceither in addition to, or in substitution for, such performance
donly in substitution for performance and never in addition to it
Answer: C
Section 21 allows the plaintiff in a specific-performance suit to claim compensation, and the court may award it either in addition to specific performance or in substitution for it, the amount being assessed in accordance with Section 73 of the Indian Contract Act, 1872.
Which of the following is NOT a ground on which an injunction can be refused under Section 41 of the Specific Relief Act, 1963 ?
aTo restrain any person from prosecuting a pending judicial proceeding, where the injunction is not to prevent a multiplicity of proceedings
bTo restrain any person from instituting or prosecuting any proceeding in a criminal matter
cTo prevent the breach of a contract the performance of which would not be specifically enforced
dTo prevent the continuing breach of an obligation in favour of a plaintiff who has invaded the defendant's rights
Answer: D
Clauses (a) to (e) of Section 41 list situations where an injunction cannot be granted, including restraint of pending judicial or criminal proceedings and breaches of unenforceable contracts; preventing the continuing breach of an obligation is precisely when a perpetual injunction is granted under Section 38, not a ground of refusal.
When two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only, the transaction is, under the Transfer of Property Act, called an exchange. This is defined in:
aSection 100
bSection 118
cSection 54
dSection 122
Answer: B
Section 118 of the Transfer of Property Act defines 'exchange' as the mutual transfer of the ownership of one thing for the ownership of another, neither thing or both being money only.
The doctrine of subrogation, by which a person who pays off a mortgage debt may be invested with the rights of the mortgagee he has paid off, is dealt with under which section of the Transfer of Property Act?
aSection 100
bSection 82
cSection 91
dSection 92
Answer: D
Section 92 of the Transfer of Property Act deals with subrogation, conferring on the person redeeming the mortgage the same rights as the mortgagee whose mortgage he redeems.
Under the doctrine of election in Section 35 of the Transfer of Property Act, where a person professes to transfer property which he has no right to transfer and, as part of the same transaction, confers a benefit on the owner of that property, the owner:
ais entitled to both retain his own property and take the benefit conferred
bmust elect either to confirm the transfer or to dissent from it, and if he dissents he must relinquish the benefit conferred
ccan never take the benefit, as the transfer is wholly void
dis bound to confirm the transfer in all circumstances
Answer: B
Section 35 of the Transfer of Property Act embodies the doctrine of election: a person taking a benefit under an instrument which also professes to transfer his own property must elect to confirm the transfer or dissent; if he dissents and retains his property, he must relinquish the benefit.
Which of the following is an essential condition for invoking the protection of the doctrine of part performance under Section 53A of the Transfer of Property Act?
aThe contract to transfer immovable property may be oral, provided possession is delivered
bThe transferee need not be willing to perform his part of the contract
cThere must be a written contract to transfer immovable property for consideration from which the terms can be ascertained with reasonable certainty, and the transferee must have taken or continued in possession in part performance
dThe doctrine confers on the transferee a positive right to obtain a decree for possession against the transferor
Answer: C
Section 53A requires a written contract for transfer of immovable property for consideration whose terms can be ascertained with reasonable certainty, the transferee taking possession in part performance and being willing to perform his part; the doctrine is a shield (a defence), not a sword conferring a right to sue for possession.
An appeal against an order of the Rent Controlling Authority made under the M.P. Accommodation Control Act, 1961 (otherwise than under Chapter III-A) lies, under Section 31, to :
athe Court of Small Causes
bthe High Court
cthe Commissioner of the Division
dthe District Judge or an Additional District Judge
Answer: D
Under Section 31, an appeal from an order of the Rent Controlling Authority lies to the District Judge (or an Additional District Judge to whom it may be assigned) having territorial jurisdiction, generally within thirty days of the order.
Where leave to contest is granted to the tenant under Chapter III-A, the Rent Controlling Authority is required, as far as may be, to decide the application within :
atwo months of granting leave
bsix months of granting leave
cone year of granting leave
dthree months of granting leave
Answer: B
Under Section 23-D, where leave to contest is granted, the Rent Controlling Authority shall commence the hearing as early as practicable and decide the application, as far as may be, within six months of the order granting leave to the tenant.
Under Section 13(1) of the M.P. Accommodation Control Act, 1961, in a suit or proceeding instituted by the landlord on a ground referred to in Section 12, within what period must the tenant deposit in court or pay to the landlord the arrears of rent calculated at the rate at which it was last paid?
aWithin three months of the first hearing of the suit
bWithin two months of the institution of the suit
cWithin fifteen days of the service of the writ of summons or notice
dWithin one month of the service of the writ of summons or notice of the proceeding
Answer: D
Section 13(1) requires the tenant, within one month of service of the writ of summons (or such further time as the court may allow), to deposit/pay the arrears, and thereafter Section 13(1) obliges him to continue depositing the monthly rent by the 15th of each succeeding month.
Under Section 246 of the M.P. Land Revenue Code, 1959, a person who at the coming into force of the Code lawfully holds land as a house site in the abadi shall be -
aan occupancy tenant
ba licensee of the Gram Panchayat
ca bhumiswami in respect of such land
da Government lessee
Answer: C
Section 246 provides that, subject to Section 244, every person lawfully holding land as a house site in the abadi shall be a bhumiswami in respect of such land.
Revisional power exercisable by the Board of Revenue, at any time on its own motion or on application, to satisfy itself as to the legality or propriety of an order, is conferred by which section of the M.P. Land Revenue Code, 1959?
aSection 53
bSection 50
cSection 51
dSection 49
Answer: B
Section 50 confers revisional power on the Board of Revenue; Section 49 deals with the power of the appellate authority and Section 51 with review of orders.
Rights of way and other private easements are dealt with under which section of the M.P. Land Revenue Code, 1959?
aSection 132
bSection 130
cSection 131
dSection 129
Answer: C
Section 131 deals with rights of way and other private easements; Section 130 provides the penalty for destruction/injury of boundary marks and Section 132 the penalty for obstruction of way.
Choose the word which best expresses the meaning of the following: "A self-seeking person who flatters those in power to gain advantage."
aSycophant
bConnoisseur
cMisanthrope
dIconoclast
Answer: A
A 'sycophant' is a servile flatterer who curries favour with the powerful; a misanthrope hates mankind, an iconoclast attacks cherished beliefs, and a connoisseur is an expert judge in matters of taste.
The Latin expression "sine qua non", frequently used in legal writing, means:
aA matter of no consequence
bAn afterthought added later
cAn indispensable condition or essential element
dA burden cast on the other party
Answer: C
'Sine qua non' literally means 'without which, not' and denotes something absolutely essential or indispensable, i.e., a condition without which the result cannot exist.
In computing the period of limitation for an appeal under Section 12 of the Limitation Act, 1963, which of the following is correctly excluded?
aOnly the day on which the judgment was pronounced, but not the time taken to obtain the copy of the decree
bThe day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree or order appealed from
cOnly the time requisite for obtaining a copy of the decree, the day of pronouncement being counted
dThe entire period during which the appellant's advocate was absent from station
Answer: B
Section 12(2) provides that in computing limitation for an appeal (or application for leave to appeal, revision or review), the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order shall both be excluded.
A suit is based upon the fraud of the defendant, and the fraud is discovered by the plaintiff only several years after it was committed. Under Section 17 of the Limitation Act, 1963, from when does the period of limitation begin to run?
aFrom the date the suit is filed, fraud having no effect on limitation
bFrom the date on which the defendant admits the fraud in writing
cIt shall not begin to run until the plaintiff has discovered the fraud, or could with reasonable diligence have discovered it
dFrom the date on which the fraud was actually committed by the defendant
Answer: C
Section 17(1) postpones the running of limitation in cases of fraud or mistake: the period does not begin to run until the plaintiff or applicant has discovered the fraud or mistake, or could with reasonable diligence have discovered it.
Under Section 6 of the Negotiable Instruments Act, 1881, the expression "cheque" includes :-
aA demand draft and a banker's pay order
bThe electronic image of a truncated cheque and a cheque in the electronic form
cOnly a paper instrument drawn on a specified banker payable on demand
dAny bill of exchange payable otherwise than on demand
Answer: B
Section 6 defines a cheque as a bill of exchange drawn on a specified banker and payable on demand, and (after the 2002 amendment) expressly includes the electronic image of a truncated cheque and a cheque in the electronic form.
Under Section 80 of the Code of Civil Procedure, 1908, no suit shall be instituted against the Government or a public officer in respect of an act purporting to be done in his official capacity until the expiration of :-
atwo months next after notice in writing has been delivered
bsix months next after notice in writing has been delivered
cone month next after notice in writing has been delivered
dthree months next after notice in writing has been delivered
Answer: A
Section 80(1) bars a suit against the Government or a public officer until the expiration of two months after a written notice has been delivered to or left at the office of the prescribed authority.
The Supreme Court laid down the categories of cases suitable and unsuitable for reference to Alternative Dispute Resolution under Section 89 of the Code of Civil Procedure in :-
aBooz Allen & Hamilton Inc. Vs. SBI Home Finance Ltd.
bK.K. Velusamy Vs. N. Palanisamy
cAfcons Infrastructure Ltd. Vs. Cherian Varkey Construction Co.
dSalem Advocate Bar Association Vs. Union of India
Answer: C
In Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (2010) 8 SCC 24, the Supreme Court illustratively classified categories of cases as suitable and unsuitable for ADR under Section 89 and held that holding a hearing to consider ADR is mandatory though actual reference is not in every case.
Under Section 96(4) of the Code of Civil Procedure, 1908, no appeal shall lie except on a question of law from a decree in any suit of the nature cognizable by Courts of Small Causes when the amount or value of the subject-matter of the original suit does not exceed :-
aten thousand rupees
bthree thousand rupees
ctwenty thousand rupees
dfive thousand rupees
Answer: A
Section 96(4), as amended in 1999 (w.e.f. 01-07-2002), bars any appeal except on a question of law from a small-cause-nature decree where the value of the original suit does not exceed ten thousand rupees.
A High Court can entertain a second appeal under Section 100 of the Code of Civil Procedure, 1908 only if the case involves :-
aa substantial question of law
ban error of fact apparent on the face of the record
ca wrong appreciation of evidence by the lower appellate court
da mixed question of law and fact
Answer: A
Section 100 confines the jurisdiction of the High Court in second appeal to cases involving a substantial question of law, which must be formulated by the Court, and the appeal is heard only on that question.
Under Order VIII Rule 1 of the Code of Civil Procedure, 1908, where a defendant fails to file his written statement within thirty days, the Court may allow him to file it for reasons recorded in writing, but not later than :-
aone hundred eighty days from the date of service of summons
bone hundred twenty days from the date of service of summons
csixty days from the date of service of summons
dninety days from the date of service of summons
Answer: D
The proviso to Order VIII Rule 1 caps the extended time for filing a written statement (in an ordinary civil suit) at ninety days from the date of service of summons; the 120-day outer limit applies to commercial suits.
Under Section 148 of the Code of Civil Procedure, 1908, where any period is fixed or granted by the Court for the doing of any act, the Court may enlarge such period, even though the period originally fixed may have expired, by a maximum of :-
aninety days in total
bthirty days in total
cfifteen days in total
dsixty days in total
Answer: B
After the 1999 amendment, Section 148 permits enlargement of a court-fixed period by a maximum of thirty days in total, though the inherent power of the Court is not wholly ousted thereby.
An application to set aside an ex-parte decree passed against a defendant is made under which provision of the Code of Civil Procedure, 1908 :-
aOrder IX Rule 9
bOrder IX Rule 7
cOrder IX Rule 13
dOrder IX Rule 4
Answer: C
Order IX Rule 13 enables a defendant against whom an ex-parte decree is passed to apply to set it aside on showing that summons was not duly served or that he was prevented by sufficient cause from appearing; Rule 9 deals with dismissal of suit for plaintiff's default.
The doctrine of restitution, requiring the Court to place the parties in the position they would have occupied but for a decree since varied or reversed, is contained in :-
aSection 144 of the Code of Civil Procedure
bSection 115 of the Code of Civil Procedure
cSection 114 of the Code of Civil Procedure
dSection 151 of the Code of Civil Procedure
Answer: A
Section 144 embodies the doctrine of restitution, empowering the Court which passed the decree to order restitution where the decree is varied, reversed, set aside or modified.
A decree for specific performance of a contract may be enforced in execution by detention in civil prison of the judgment-debtor or by attachment of his property under :-
aOrder XXI Rule 30
bOrder XXI Rule 35
cOrder XXI Rule 32
dOrder XXI Rule 38
Answer: C
Order XXI Rule 32 provides that where a party against whom a decree for specific performance (or injunction or restitution of conjugal rights) is passed has wilfully failed to obey it, the decree may be enforced by detention in civil prison, by attachment of property, or by both.
The fundamental right to free and compulsory education for all children of the age of six to fourteen years, as a justiciable right, was inserted into the Constitution by which amendment and is contained in which Article?
a86th Amendment; Article 21A
b42nd Amendment; Article 45
c44th Amendment; Article 21
d93rd Amendment; Article 15(5)
Answer: A
The Constitution (86th Amendment) Act, 2002 inserted Article 21A, making free and compulsory education for children aged 6 to 14 a fundamental right. Article 45 (a Directive Principle) was correspondingly recast to cover children below six years.
The doctrine of 'basic structure' of the Constitution, limiting the amending power of Parliament under Article 368, was propounded by the Supreme Court in:
aA.K. Gopalan v. State of Madras (1950)
bMinerva Mills v. Union of India (1980)
cGolak Nath v. State of Punjab (1967)
dKesavananda Bharati v. State of Kerala (1973)
Answer: D
In Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench held by a 7:6 majority that Parliament can amend any part of the Constitution but cannot alter or destroy its basic structure. Minerva Mills later reinforced, but did not originate, the doctrine.
Parliament is empowered to create a new All-India Service (including an All-India Judicial Service) only if the Council of States (Rajya Sabha) first passes a resolution to that effect supported by:
aThree-fourths of the total membership of the House
bA simple majority of the members present and voting
cNot less than two-thirds of the members present and voting
dAn absolute majority of the total membership of the House
Answer: C
Under Article 312, the Rajya Sabha must declare by a resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest, before Parliament may create such a service.
The Eleventh Schedule, which lists subjects to be devolved upon Panchayats, was added to the Constitution by the:
a69th Amendment Act, 1991
b74th Amendment Act, 1992
c65th Amendment Act, 1990
d73rd Amendment Act, 1992
Answer: D
The Constitution (73rd Amendment) Act, 1992 added Part IX (The Panchayats) and the Eleventh Schedule containing 29 subjects. The Twelfth Schedule (Municipalities) was added by the 74th Amendment.
Provisions as to disqualification of members of Parliament and State Legislatures on the ground of defection are contained in which Schedule of the Constitution?
aTwelfth Schedule
bEighth Schedule
cNinth Schedule
dTenth Schedule
Answer: D
The anti-defection provisions are in the Tenth Schedule, inserted by the Constitution (52nd Amendment) Act, 1985, and operate with Articles 102(2) and 191(2). The Eighth Schedule deals with languages and the Ninth Schedule with protected laws.
The writ jurisdiction of a High Court under Article 226 is regarded as wider than that of the Supreme Court under Article 32 principally because Article 226 permits the issuance of writs:
aFor the enforcement of fundamental rights as well as 'for any other purpose'
bOnly against the State and its instrumentalities
cOnly when no alternative remedy is available
dOnly in respect of disputes arising within the High Court's territory
Answer: A
Article 32 is confined to enforcement of fundamental rights, whereas Article 226 allows a High Court to issue writs both for fundamental rights and 'for any other purpose', i.e., enforcement of ordinary legal rights, making it broader.
When a fact is deposed to as discovered in consequence of information received from an accused person in the custody of a police officer, the portion of such information that may be proved under the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is :-
athe whole of the information, whether or not it amounts to a confession
bso much of such information as relates distinctly to the fact thereby discovered
conly that part which does not amount to a confession
dno part of the information, since it was made in police custody
Answer: B
The proviso to Section 23(2) of the BSA permits proof of only so much of the information received from an accused in police custody as 'relates distinctly to the fact thereby discovered', whether or not it amounts to a confession. The proviso is attached to Section 23(2) and lifts the bar created by Section 23(1) and the main part of Section 23(2) of the BSA (corresponding to old Section 27 IEA).
Under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession made by an accused person is irrelevant in a criminal proceeding if it appears to have been caused by inducement, threat, coercion or promise which :-
ahas reference to the charge and proceeds from a person in authority, giving reasonable grounds for supposing a temporal advantage or avoidance of evil
bis made after the inducement has been fully removed
cproceeds from any private individual whatsoever
drelates only to a future spiritual benefit
Answer: A
Section 22 of the BSA (corresponding to old Section 24 IEA) renders a confession irrelevant only when the inducement, threat, coercion or promise has reference to the charge, proceeds from a person in authority, and is sufficient to give the accused reasonable grounds for supposing he would gain a temporal advantage or avoid a temporal evil. A spiritual exhortation or an inducement from an outsider does not attract the bar.
Which provision of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) lays down that no confession made to a police officer shall be proved as against a person accused of any offence ?
aSection 22
bSection 25
cSection 23
dSection 24
Answer: C
Section 23(1) of the BSA (corresponding to old Section 25 IEA) imposes an absolute bar on proving a confession made to a police officer against the accused. Section 23(2) bars confessions made in police custody unless made in the immediate presence of a Magistrate.
Where more persons than one are being tried jointly for the same offence and a confession made by one of them affecting himself and some other of such persons is proved, the Court under Section 24 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) :-
acannot use the confession for any purpose whatsoever
bmust treat the confession as substantive evidence equal to sworn testimony
cmay take such confession into consideration as against the co-accused as well as the maker
dmust convict the co-accused solely on that confession
Answer: C
Section 24 of the BSA (corresponding to old Section 30 IEA) permits the Court to 'take into consideration' the confession of a co-accused against the other accused jointly tried for the same offence. It is not substantive evidence and cannot by itself form the sole basis of conviction; it can only lend assurance to other evidence.
In Pakala Narayana Swami v. King Emperor (AIR 1939 PC 47), regarding a statement admissible as a dying declaration under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the Privy Council held that :-
athe declarant must have been under expectation of imminent death when making the statement
bthe statement is admissible even though the declarant had no expectation of death at the time it was made
cthe statement is admissible only if made to a Magistrate
dthe statement is admissible only in cases of homicide and not suicide
Answer: B
The Privy Council held that under what is now Section 26(a) of the BSA, a statement as to the cause of death or the circumstances of the transaction resulting in death is admissible irrespective of whether the declarant was, at the time, under any expectation of death. This is a key point of departure from English law.
Under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the opinion of a person specially skilled is a relevant fact when the Court has to form an opinion upon a point of :-
aany disputed question of fact, whether technical or not
bIndian law, science and art only
cdomestic procedure and local custom only
dforeign law, science, art, identity of handwriting and finger impressions
Answer: D
Section 39 of the BSA makes expert opinion relevant on points of foreign law, science, art or any other field, and as to identity of handwriting or finger impressions. Opinion on Indian law is for the Court itself and is not covered.
The Nobel Peace Prize for the year 2024 was awarded to:
aNarges Mohammadi
bWorld Food Programme
cMaria Ressa
dNihon Hidankyo
Answer: D
The 2024 Nobel Peace Prize was awarded to Nihon Hidankyo, the Japanese organisation of atomic bomb survivors, for its work towards a world free of nuclear weapons.
Under the Indian Contract Act, 1872, the communication of a revocation of a proposal by the proposer is complete as against the proposer -
awhen it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it
bas soon as the proposer decides to revoke
cwhen the proposal itself is communicated to the offeree
dwhen it comes to the knowledge of the person to whom it is made
Answer: A
Under Section 4 of the Act, the communication of a revocation is complete as against the person who makes it when it is put into a course of transmission to the person to whom it is made, so as to be out of his power; it is complete as against the person to whom it is made only when it comes to his knowledge.
abefore the communication of its acceptance is complete as against the proposer, but not afterwards
bbefore the communication of its acceptance is complete as against the acceptor, but not afterwards
ceven after the acceptance has come to the knowledge of the proposer
donly with the consent of the acceptor
Answer: A
Section 5 provides that a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards; communication of acceptance is complete as against the proposer when it is put in course of transmission to him.
'A' threatens to commit suicide unless his wife 'B' executes a release deed in favour of his brother. 'B' executes the deed under this threat. The consent of 'B' is said to have been caused by -
afraud under Section 17
bmisrepresentation under Section 18
cundue influence under Section 16
dcoercion under Section 15
Answer: D
Coercion under Section 15 includes committing or threatening to commit any act forbidden by the Penal law; a threat to commit suicide (attempt to suicide being an offence) amounts to coercion, as held in Chikkam Ammiraju v. Chikkam Seshamma.
Which of the following is NOT a recognised exception under Section 25 to the rule that an agreement made without consideration is void?
aA promise to compensate a person who has already voluntarily done something for the promisor
bAn oral agreement to make a gift of immovable property to a distant friend
cA promise in writing and signed to pay a time-barred debt
dAn agreement made on account of natural love and affection between parties standing in a near relation, expressed in writing and registered
Answer: B
Section 25 saves three categories of agreements without consideration: those based on natural love and affection (written and registered), promise to compensate for a past voluntary act, and a written promise to pay a time-barred debt; an oral gift promise to a friend falls under none of these.
In the landmark case of Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council held that an agreement entered into by a minor is -
avoid ab initio
benforceable against the minor on attaining majority
cvoidable at the option of the minor
dvalid and binding on the minor
Answer: A
In Mohori Bibee v. Dharmodas Ghose, the Privy Council held that a minor's agreement is void ab initio (void from the very beginning), since under Section 11 a minor is not competent to contract.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for murder (death or imprisonment for life, and also liable to fine) is provided in -
aSection 103
bSection 105
cSection 101
dSection 102
Answer: A
Section 103(1) BNS prescribes the punishment for murder as death or imprisonment for life, and also fine, corresponding to the erstwhile Section 302 IPC.
For the first time, the offence of murder committed by a group of five or more persons acting in concert on the ground of race, caste, community, sex, place of birth, language or personal belief (commonly called mob lynching) has been specifically made punishable under which provision of the Bharatiya Nyaya Sanhita, 2023?
aSection 101(2)
bSection 111(2)
cSection 103(2)
dSection 117(4)
Answer: C
Section 103(2) BNS newly criminalises mob lynching, prescribing death or imprisonment for life or imprisonment of not less than seven years, with fine, for each member of such a group.
A driver causes death by rash and negligent driving not amounting to culpable homicide and escapes without reporting the incident to a police officer or Magistrate soon after. Under the Bharatiya Nyaya Sanhita, 2023, the enhanced punishment (which may extend to ten years) for such a 'hit-and-run' is found in -
aSection 106(1)
bSection 125
cSection 105
dSection 106(2)
Answer: D
Section 106(2) BNS provides that a person who causes death by rash or negligent driving and escapes without reporting to police or a Magistrate may be punished with imprisonment up to ten years and fine.
Under the Bharatiya Nyaya Sanhita, 2023, the principle of doli incapax - that nothing is an offence which is done by a child under seven years of age - is contained in -
aSection 20
bSection 22
cSection 82
dSection 21
Answer: A
Section 20 BNS embodies doli incapax, providing that an act of a child under seven years of age is not an offence; Section 21 deals with a child above seven and under twelve of immature understanding.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, in which section is the concept of "Zero FIR" (registration of an FIR for a cognizable offence irrespective of the territorial jurisdiction in which the offence is committed) statutorily recognised?
aSection 176
bSection 173
cSection 175
dSection 154
Answer: B
Section 173(1) of the BNSS, 2023 codifies the Zero FIR concept, mandating registration of information relating to a cognizable offence irrespective of the area where the offence is committed.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum period of detention that a Magistrate may authorise (the police-custody portion of which may be sought in whole or in part during the first forty days) in respect of an offence not punishable with death, imprisonment for life or imprisonment for ten years or more is:
aSixty days
bNinety days
cForty days
dFifteen days
Answer: A
Section 187 of the BNSS caps total detention at sixty days for ordinary offences (ninety days where the offence is punishable with death, life imprisonment or imprisonment of ten years or more).
Under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a police officer is required to issue a notice (instead of effecting arrest) directing the person to appear, where the offence complained of is punishable with imprisonment for a term:
aexceeding seven years
bof life imprisonment
cless than three years or which may extend up to seven years
dwhich may extend to three years
Answer: C
Section 35(3) BNSS mandates a notice of appearance, in lieu of arrest, where the offence is punishable with imprisonment of less than seven years (the provision covers offences punishable with up to seven years).
Anticipatory bail, i.e. direction for grant of bail to a person apprehending arrest on accusation of a non-bailable offence, is dealt with under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 482
bSection 480
cSection 438
dSection 483
Answer: A
Section 482 BNSS provides for anticipatory bail by the High Court or Court of Session, corresponding to the former Section 438 of the CrPC.
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an undertrial prisoner who is a first-time offender (with no previous conviction) shall be released on bond when he has undergone detention for a period extending up to:
athe entire maximum period of imprisonment specified for such offence
bone-third of the maximum period of imprisonment specified for such offence
cone-half of the maximum period of imprisonment specified for such offence
done-fourth of the maximum period of imprisonment specified for such offence
Answer: B
The first proviso to Section 479(1) BNSS entitles a first-time offender to release on bond on completing detention of one-third of the maximum imprisonment, as against one-half for other undertrials.
Under the Specific Relief Act, 1963, as amended by the Specific Relief (Amendment) Act, 2018, the relief of specific performance of a contract is :-
aavailable only in respect of immovable property
bto be granted at the discretion of the court
cto be enforced by the court, subject only to the provisions of sections 11(2), 14 and 16
davailable only where compensation in money is not an adequate relief
Answer: C
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 element of judicial discretion and the 'adequacy of compensation' test.
A person dispossessed of immovable property without his consent and otherwise than in due course of law files a suit for possession under section 6 of the Specific Relief Act, 1963. Such suit shall not be brought after the expiry of :-
athree months from the date of dispossession
bsix months from the date of dispossession
cone year from the date of dispossession
dtwelve years from the date of dispossession
Answer: B
Section 6(2)(a) bars a suit under section 6 after the expiry of six months from the date of dispossession; clause (b) also bars such a suit against the Government.
With respect to a decree or order passed in a suit instituted under section 6 of the Specific Relief Act, 1963, which of the following is correct ?
aAn appeal lies but no review is allowed
bA review is allowed but no appeal lies
cBoth appeal and review are available as of right
dNo appeal shall lie and no review shall be allowed
Answer: D
Section 6(3) expressly provides that no appeal shall lie from any order or decree passed in a suit instituted under section 6, nor shall any review of such order or decree be allowed.
Under section 20 of the Specific Relief Act, 1963 (as substituted in 2018), before a party suffering breach of contract may obtain substituted performance through a third party or his own agency, he must give the party in breach a written notice of not less than :-
asixty days
bfifteen days
cthirty days
dninety days
Answer: C
Section 20(2) requires the aggrieved party to give a written notice of not less than thirty days to the party in breach calling upon him to perform before substituted performance can be undertaken.
Under Section 6 of the Transfer of Property Act, 1882, which one of the following CAN be validly transferred?
aThe chance of an heir-apparent succeeding to an estate
bA mere right to sue
cAn actionable claim
dA right to future maintenance secured in favour of a Hindu widow
Answer: C
Section 6 bars transfer of a spes successionis [6(a)], a mere right to sue [6(e)] and a right to future maintenance [6(dd)], but an actionable claim is expressly transferable under Sections 6 read with 130.
'A', expecting to inherit his father's estate, transfers that expectancy to 'B' for consideration while his father is still alive. The transfer is:
avalid and binding on A
bvalid only if subsequently ratified by A's father
cvoidable at the option of the father
dvoid, being a transfer of a mere spes successionis
Answer: D
Section 6(a) declares that the chance of an heir-apparent succeeding to an estate (spes successionis) is not transferable; such a transfer is void ab initio.
'A' transfers property to 'B' with an absolute condition that 'B' shall never sell or otherwise alienate the property. Under Section 10 of the Transfer of Property Act, 1882, the legal effect is that:
aboth the transfer and the condition are void
bthe condition is valid and binds B absolutely
cthe transfer is voidable at the option of A
dthe transfer is valid but the condition restraining alienation is void
Answer: D
Section 10 renders void a condition or limitation absolutely restraining the transferee from parting with his interest; the transfer itself takes effect as if the condition did not exist.
The rule against perpetuity contained in Section 14 of the Transfer of Property Act, 1882 limits the postponement of vesting of an interest to a maximum period of:
aeighteen years from the date of the transfer in all cases
bthe life or lives in being plus the minority of the ultimate beneficiary
cthe life or lives in being plus a fixed term of 21 years
dthe life or lives of persons living at the date of transfer only
Answer: B
Section 14 permits postponement of vesting up to the lifetime of one or more living persons plus the minority of the ultimate beneficiary who must be in existence at the expiry of those lives.
Under Section 12(1)(a) of the M.P. Accommodation Control Act, 1961, a suit for eviction on the ground of arrears of rent is maintainable only if the tenant has neither paid nor tendered the whole of the arrears legally recoverable within :
afifteen days of the date of service of the notice of demand
btwo months of the date on which a notice of demand for the arrears has been served on him by the landlord in the prescribed manner
cone month of the date of service of the notice of demand
dthree months of the date of service of the notice of demand
Answer: B
Section 12(1)(a) permits eviction only where the tenant has failed to pay or tender the whole of the arrears within two months of the date on which a notice of demand was served by the landlord in the prescribed manner.
On a suit for eviction being instituted by a landlord on a ground referred to in Section 12, within what period must the tenant make the first deposit/payment of rent under Section 13(1) of the M.P. Accommodation Control Act, 1961 ?
aWithin fifteen days of the service of writ of summons
bWithin one month of the service of writ of summons
cWithin three months of the service of writ of summons
dWithin two months of the service of writ of summons
Answer: B
Section 13(1) requires the tenant to deposit in court or pay to the landlord, within one month of service of the writ of summons (or notice of appeal/proceeding), the rent for the period of default, and thereafter month by month by the 15th of each succeeding month.
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