Rajasthan Judiciary Mock Test 2 — Questions & Solutions
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Under Section 63 of the Bhartiya Nagarik Suraksha Sanhita, 2023, a summons issued by a court:
aCan be issued only in physical form bearing the embossed seal
bCan be served only through a police officer
cMust be in writing in triplicate only
dMay be in an encrypted or other electronic form bearing the image of the seal or a digital signature of the court
Answer: D
Section 63 BNSS permits summons to be in writing in duplicate or in an encrypted/other electronic form bearing the image of the court's seal or a digital signature.
Under Section 210 of the BNSS, 2023, a Magistrate of the first class may take cognizance of an offence upon a police report which may be submitted:
aOnly in physical written form
bOnly after sanction of the State Government
cOnly if accompanied by an affidavit of the informant
dIn any mode, including electronic mode
Answer: D
Section 210 BNSS allows a Magistrate of the first class to take cognizance on a complaint, on a police report submitted in any mode including electronic mode, or on information received from a person other than a police officer, or upon his own knowledge.
Under the BNSS, 2023, the judgment in a trial (other than a sessions case under the specific provision) is to be delivered after completion of the trial within a period of:
aNot later than 7 days
bNot later than 15 days
cNot later than 45 days
dNot later than 90 days
Answer: C
Section 392(1) BNSS requires the judgment to be pronounced not later than forty-five days after the completion of the trial.
Under Section 479 of the BNSS, 2023, a first-time offender (against whom proceedings are pending) who has never been convicted shall be released on bond by the court where he has undergone detention for a period extending up to:
aOne-third of the maximum period of imprisonment specified for the offence
bThe full maximum period of imprisonment specified for the offence
cOne-half of the maximum period of imprisonment specified for the offence
dOne-fourth of the maximum period of imprisonment specified for the offence
Answer: A
The first proviso to Section 479(1) BNSS provides that a first-time offender shall be released on bond where he has undergone detention up to one-third of the maximum period of imprisonment for the offence, as against one-half for others.
Under the BNSS, 2023, where a victim of rape is medically examined, the registered medical practitioner is required to forward the report to the investigating officer within:
aTwenty-four hours
bSeven days
cThree days
dFifteen days
Answer: B
Section 184(6) BNSS requires the registered medical practitioner to forward the report of medical examination of a rape victim to the investigating officer within seven days.
Under the BNSS, 2023, further investigation during the trial, conducted with the permission of the court, is required to be completed within a period of:
a90 days, extendable with the permission of the court
b180 days, extendable with the permission of the court
c60 days, not extendable
d30 days, extendable once
Answer: A
Section 193(9) BNSS provides that further investigation during trial shall be completed within ninety days, which may be extended with the permission of the court.
Under Section 173 of the BNSS, 2023, information relating to the commission of a cognizable offence may be given:
aOnly orally at the police station of the area where the offence was committed
bBy electronic communication, which shall be taken on record on being signed by the informant within three days
cOnly after preliminary enquiry in every case
dOnly in writing, addressed to the Superintendent of Police
Answer: B
Section 173(1) BNSS permits information of a cognizable offence to be given by electronic communication, which is taken on record once signed by the informant within three days, codifying the 'zero FIR' and electronic FIR concepts.
A 64-year-old man is sought to be arrested in connection with a cognizable offence punishable with imprisonment for a maximum of two years. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, such arrest:
aCan be made only after obtaining a warrant from the Magistrate.
bCannot be made at all because the person is above sixty years of age.
cShall not be made without the prior permission of an officer not below the rank of Deputy Superintendent of Police.
dCan be made by any police officer without any prior permission.
Answer: C
Section 35(7) BNSS bars arrest, where the offence is punishable with imprisonment of less than three years and the person is infirm or above sixty years of age, without the prior permission of an officer not below the rank of Deputy Superintendent of Police.
A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land later becomes A's property and A then seeks to set aside the sale on the ground that he had no title at the time of sale. A is precluded from doing so by which provision of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 124 (competency to testify)
bSection 123 (estoppel of acceptor of bill of exchange)
cSection 121 (estoppel)
dSection 122 (estoppel of tenant)
Answer: C
Section 121 of the BSA, 2023 embodies the doctrine of estoppel: a person who has by his declaration, act or omission caused another to believe a thing to be true and to act on it cannot afterwards deny its truth. It re-enacts Section 115 of the Indian Evidence Act, 1872.
Under Section 142 of the Bharatiya Sakshya Adhiniyam, 2023, the examination of a witness by the adverse party is called:
aExamination-in-chief
bExamination by the Court
cCross-examination
dRe-examination
Answer: C
Section 142(2) of the BSA, 2023 defines cross-examination as the examination of a witness by the adverse party; examination-in-chief is by the party calling him and re-examination is by that party after cross-examination. It re-enacts Section 137 of the Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023, a leading question, if objected to by the adverse party, may NOT ordinarily be asked in:
aCross-examination
bRe-examination only
cAny stage of examination
dExamination-in-chief and re-examination
Answer: D
Under Section 146 of the BSA, 2023, leading questions must not, if objected to by the adverse party, be asked in examination-in-chief or re-examination except with the Court's permission, though they are permissible in cross-examination. It re-enacts Sections 141-142 of the Indian Evidence Act, 1872.
When the Court has to form an opinion on a point of foreign law, science, art, or as to the identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant. Under the Bharatiya Sakshya Adhiniyam, 2023, such persons are called experts under:
aSection 51
bSection 45
cSection 58
dSection 39
Answer: D
Section 39 of the BSA, 2023 deals with the opinion of experts and, in addition to the heads recognised earlier, expressly adds 'any other field'. It corresponds to Section 45 of the Indian Evidence Act, 1872.
In a prosecution under the NDPS Act, the Investigating Officer seeks to prove the printout of call detail records stored on a server. Under the Bharatiya Sakshya Adhiniyam, 2023, the certificate required to render such electronic record admissible is provided for in:
aSection 65B
bSection 63
cSection 61
dSection 62
Answer: B
Section 63 of the BSA, 2023 governs the admissibility of electronic records, and Section 63(4) requires a certificate—now to be signed both by the person in charge of the device and by an expert. It replaces Section 65B of the Indian Evidence Act, 1872.
Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. This basic rule of burden of proof is enacted in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 101
bSection 109
cSection 106
dSection 104
Answer: D
Section 104 of the BSA, 2023 lays down the general rule of the burden of proof, requiring the party asserting the existence of facts to prove them. It corresponds to Section 101 of the Indian Evidence Act, 1872.
Which one of the following punishments has been newly introduced as a form of sentence under the Bharatiya Nyaya Sanhita, 2023, and finds no place in the repealed Indian Penal Code, 1860?
aRigorous imprisonment
bSolitary confinement
cCommunity service
dForfeiture of property
Answer: C
Section 4 BNS introduces 'community service' as a recognised form of punishment for certain offences (e.g., petty theft, defamation), which was absent in the IPC.
Under the Bharatiya Nyaya Sanhita, 2023, an assembly is designated an 'unlawful assembly' only if it consists of:
aFour or more persons
bThree or more persons
cSeven or more persons
dFive or more persons
Answer: D
Section 189 BNS retains the requirement of five or more persons having a common object specified in the section for an assembly to be an unlawful assembly.
Q19Rajasthan Local Acts (Stamp, Tenancy, Agri-Credit, Right to Hearing, Panchayati Raj, Agri-Indebtedness)
Under Section 2(cc) of the Rajasthan Relief of Agricultural Indebtedness Act, 1957, a 'debtor' means an agriculturist or a member of a Scheduled Caste/Scheduled Tribe who is liable for debts aggregating:
aFive hundred rupees or more
bOne hundred rupees or more
cOne thousand rupees or more
dFifty rupees or more
Answer: B
Section 2(cc) defines 'debtor' as an agriculturist or a member of a Scheduled Caste or Scheduled Tribe who is liable for debts aggregating to one hundred rupees or more, exclusive of claims in respect of liabilities mentioned in Section 4.
Q20Rajasthan Local Acts (Stamp, Tenancy, Agri-Credit, Right to Hearing, Panchayati Raj, Agri-Indebtedness)
Under Section 10(2) of the Rajasthan Relief of Agricultural Indebtedness Act, 1957, in determining debts the Debt Relief Court shall reduce the principal amount of loans advanced prior to the 1st of January, 1945 by:
aSixty percent
bForty percent
cTwenty-five percent
dFifty percent
Answer: B
Section 10(2) provides that a Debt Relief Court shall reduce by forty percent the principal amount of loans advanced prior to the 1st of January, 1945, as found in accordance with sub-section (1).
Q21Rajasthan Local Acts (Stamp, Tenancy, Agri-Credit, Right to Hearing, Panchayati Raj, Agri-Indebtedness)
For the purposes of the Rajasthan Relief of Agricultural Indebtedness Act, 1957, the definition of 'debt' under Section 2(c) expressly excludes:
aLiabilities payable under a decree of a Civil Court
bLiabilities payable under a decree of a village panchayat
cLiabilities secured by mortgage
dUnsecured liabilities payable in cash
Answer: B
Section 2(c) defines 'debt' to include liabilities owing to a creditor, but expressly excludes land revenue, liabilities payable under a decree of a village panchayat, and money for the recovery of which a suit is barred by limitation.
Q22Rajasthan Local Acts (Stamp, Tenancy, Agri-Credit, Right to Hearing, Panchayati Raj, Agri-Indebtedness)
Under the Rajasthan Right to Hearing Act, 2012, an appeal against the decision of the Public Hearing Officer lies to the first appellate authority within:
aSixty days from the date of decision
bThirty days from the expiry of the stipulated time limit or from the date of decision
cFifteen days
dTwenty-one days
Answer: B
Section 6(1) of the Rajasthan Right to Hearing Act, 2012 provides that an aggrieved person may file an appeal to the first appellate authority within thirty days from the expiry of the stipulated time limit or from the date of decision of the Public Hearing Officer.
Under Section 4 of the Juvenile Justice (Care and Protection of Children) Act, 2015, a Juvenile Justice Board consists of a Principal Magistrate (Metropolitan Magistrate or Judicial Magistrate of First Class, not being Chief Metropolitan/Chief Judicial Magistrate) and:
atwo social workers, of whom at least one shall be a woman
bthree social workers, of whom at least two shall be women
ctwo probation officers
done social worker
Answer: A
Section 4 of the JJ Act, 2015 provides that the Board comprises a Principal Magistrate and two social workers selected as prescribed, of whom at least one shall be a woman, forming a Bench.
Under Section 4 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the minimum period of experience prescribed for the Principal Magistrate of the Juvenile Justice Board is:
athree years' experience
bseven years' experience
cfive years' experience
done year as a Magistrate
Answer: A
Section 4(2) requires the Principal Magistrate to be a Metropolitan Magistrate or Judicial Magistrate of First Class with at least three years' experience. The seven-year requirement applies to the social-worker members' involvement in child welfare activities.
Under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, a person who is apparently a child and is alleged to have committed a bailable or non-bailable offence shall:
ain no case be released on bail if the offence is non-bailable
bbe released on bail unless release is likely to bring him into association with known criminals, expose him to moral, physical or psychological danger, or defeat the ends of justice
cbe released on bail only if the offence is petty in nature
dbe released on bail only with the sanction of the Sessions Court
Answer: B
Section 12 creates a statutory right of bail for a person apparently a child whether the offence is bailable or non-bailable, subject only to the three exceptions: association with known criminals, exposure to moral/physical/psychological danger, or defeat of the ends of justice.
Under the Hindu Adoptions and Maintenance Act, 1956, a person can be taken in adoption only if, among other conditions, he or she:
aHas not completed the age of fifteen years, unless there is a custom permitting persons over fifteen to be adopted
bIs an orphan abandoned by both parents
cHas completed the age of fifteen years, unless custom permits otherwise
dIs below the age of eighteen years in every case
Answer: A
Section 10(iv) requires that the person to be adopted has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed fifteen years to be taken in adoption.
Under Section 9 of the Hindu Adoptions and Maintenance Act, 1956, the mother may give a child in adoption:
aWhere the father is dead, has completely renounced the world, has ceased to be a Hindu, or has been declared of unsound mind
bNever, as the right to give in adoption vests solely in the father
cOnly if she has obtained a decree of divorce
dOnly with the consent of the father in every case
Answer: A
Section 9 provides that the father and mother have an equal right to give in adoption; the mother may give the child in adoption where the father is dead, has completely and finally renounced the world, has ceased to be a Hindu, or has been declared by a competent court to be of unsound mind.
Under the Hindu Marriage Act, 1955, a petition for divorce by mutual consent under Section 13B can be moved on the ground that the parties have been living separately:
aFor a period of six months or more
bFor a period of three years or more
cFor a period of two years or more
dFor a period of one year or more
Answer: D
Section 13B(1) requires that the parties have been living separately for a period of one year or more, have not been able to live together, and have mutually agreed to dissolution. The second motion under Section 13B(2) follows after a six-month interval (waivable per Amardeep Singh v. Harveen Kaur, 2017).
Which of the following is NOT a ground for rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908?
awhere the suit appears from the statement in the plaint to be barred by any law
bwhere the relief is undervalued and the plaintiff fails to correct the valuation within the time fixed by the court
cwhere the defendant fails to file the written statement within the prescribed period
dwhere the plaint does not disclose a cause of action
Answer: C
The grounds under Order VII Rule 11 relate to defects in the plaint (no cause of action, undervaluation, insufficient stamp, suit barred by law, not filed in duplicate, non-compliance with Rule 9). Failure of the defendant to file a written statement is not a ground for rejection of the plaint.
A second appeal under Section 100 of the Code of Civil Procedure, 1908, lies to the High Court only if:
athe value of the subject matter exceeds ten thousand rupees
bthe lower appellate court grants a certificate of fitness
cthe High Court is satisfied that the case involves a substantial question of law
dthe appeal raises a question of fact wrongly decided by the first appellate court
Answer: C
Section 100 permits a second appeal only where the High Court is satisfied that the case involves a substantial question of law, which must be precisely stated in the memorandum of appeal and formulated by the Court.
Under the proviso to Section 96 of the Code of Civil Procedure, 1908, no appeal (except on a question of law) shall lie from a decree in a suit of the nature cognizable by Courts of Small Causes when the value of the subject matter of the original suit does not exceed:
aten thousand rupees
bthree thousand rupees
cfive thousand rupees
dtwenty-five thousand rupees
Answer: A
Section 96(4) bars an appeal, except on a question of law, from a decree in a Small Cause nature suit where the value of the subject matter does not exceed ten thousand rupees.
Where a court makes a supervision order under Section 4(3) of the Probation of Offenders Act, 1958, the offender shall remain under the supervision of a probation officer for a period:
anot less than two years
bnot being less than one year
cnot exceeding one year
dexactly three years
Answer: B
Section 4(3) requires that a supervision order direct supervision by a probation officer 'during such period, not being less than one year', as may be specified.
Section 3 of the Probation of Offenders Act, 1958, empowering release after due admonition, applies to first offenders found guilty of offences punishable with imprisonment for not more than:
atwo years, or with fine, or with both
bone year, or with fine, or with both
cseven years, or with fine, or with both
dthree years, or with fine, or with both
Answer: A
Section 3 covers theft-related offences (s.379/380/381/404/420 IPC) or any offence punishable with imprisonment for 'not more than two years, or with fine, or with both', where no previous conviction is proved.
As per Section 23 of the Registration Act, 1908, no document other than a will shall be accepted for registration unless presented to the proper officer within:
aone year from the date of its execution
bfour months from the date of its execution
csix months from the date of its execution
dthirty days from the date of its execution
Answer: B
Section 23 fixes the period for presentation at four months from the date of execution, subject to Sections 24, 25 and 26; a will, however, may be presented at any time under Section 27.
Where, owing to urgent necessity or unavoidable accident, a document is not presented within the prescribed time, Section 25 of the Registration Act, 1908 empowers the Registrar to accept it where the delay does not exceed four months, on payment of a fine not exceeding:
atwice the amount of the proper registration fee
bten times the amount of the proper registration fee
cfive times the amount of the proper registration fee
dthe proper registration fee only, without any additional fine
Answer: B
Section 25(1) allows the Registrar, where the delay in presentation does not exceed four months, to direct acceptance on payment of a fine not exceeding ten times the amount of the proper registration fee.
Under Section 29A(3) of the Arbitration and Conciliation Act, 1996, the parties may, by consent, extend the period for making the award for a further period not exceeding:
asuch period as the parties may agree without any limit
btwelve months
cthree months
dsix months
Answer: D
Section 29A(3) allows the parties, by consent, to extend the period specified in sub-section (1) for making the award by a further period not exceeding six months; any extension beyond that requires an order of the Court under Section 29A(4).
Where parties to an arbitration agreement opt for the fast track procedure under Section 29B of the Arbitration and Conciliation Act, 1996, the award shall be made within:
aninety days from the date of the agreement
bsix months from the date the tribunal enters upon reference
cthree months from the date the tribunal enters upon reference
dtwelve months from the date of completion of pleadings
Answer: B
Section 29B(4) provides that in fast track arbitration (conducted by a sole arbitrator) the award shall be made within six months from the date the arbitral tribunal enters upon the reference.
Under Rule 7 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, an offence committed under the Act shall be investigated by a police officer not below the rank of:
aInspector of Police
bSuperintendent of Police
cSub-Inspector of Police
dDeputy Superintendent of Police
Answer: D
Rule 7 of the 1995 Rules mandates that the investigation of an offence under the Act be conducted by an officer not below the rank of Deputy Superintendent of Police.
Under Section 4 of the SC/ST (Prevention of Atrocities) Act, 1989, a public servant who is not a member of a Scheduled Caste or Scheduled Tribe and who wilfully neglects his duties required to be performed under the Act is punishable with imprisonment for a term:
aNot less than one year which may extend to two years
bWhich may extend to three months only
cNot less than three months which may extend to six months
dNot less than six months which may extend to one year
Answer: D
Section 4 prescribes imprisonment for a term not less than six months but which may extend to one year for a public servant (non-SC/ST) wilfully neglecting his duties under the Act.
Under Section 4 of the POCSO Act, 2012, where penetrative sexual assault is committed on a child below sixteen years of age, the minimum term of imprisonment prescribed is:
aFifteen years
bSeven years
cTwenty years
dTen years
Answer: C
The 2019 Amendment inserted Section 4(2), prescribing a minimum of twenty years (extendable to life) where the victim of penetrative sexual assault is a child below sixteen years.
Under Section 6 of the POCSO Act, 2012, as amended in 2019, the punishment prescribed for aggravated penetrative sexual assault is rigorous imprisonment for a term not less than twenty years which may extend to imprisonment for life, and shall also be liable to fine, or with:
aSolitary confinement only
bCommunity service
cDeath
dForfeiture of property
Answer: C
Section 6, as amended by the POCSO (Amendment) Act, 2019, prescribes rigorous imprisonment of not less than twenty years up to life, and fine, or with death.
Where a landlord obtains an order of eviction under the Rajasthan Rent Control Act, 2001 on the ground that the premises are required reasonably and bona fide for his own use, he is prohibited from re-letting the premises to any other person for a period of:
aone year
btwo years
cfive years
dthree years
Answer: D
Section 9 prohibits a landlord who secures eviction on the ground of bona fide personal requirement from letting out the premises to any other person within a period of three years.
Under the Rajasthan Rent Control Act, 2001, an appeal from a final order of the Rent Tribunal lies to the Appellate Rent Tribunal, and as originally enacted such appeal is required to be filed within:
athirty days from the date of the final order
bsixty days from the date of the final order
cninety days from the date of the final order
dfifteen days from the date of the final order
Answer: A
Section 19 provides that an appeal against a final order of the Rent Tribunal shall be filed before the Appellate Rent Tribunal within thirty days from the date of the final order, along with a copy of that order.
Q44Other Special/Local Acts (Electricity Act, Motor Vehicles Act)
An appeal against an order of assessment passed under Section 126 of the Electricity Act, 2003 lies under Section 127, and shall not be entertained unless the appellant deposits:
aThe full assessed amount
bAn amount equal to half of the assessed amount
cOne-third of the assessed amount
dOne-fourth of the assessed amount
Answer: B
The proviso to Section 127(2) of the Electricity Act, 2003 requires deposit of an amount equal to half of the assessed amount as a condition precedent to entertaining the appeal.
Q45Other Special/Local Acts (Electricity Act, Motor Vehicles Act)
By virtue of Section 151B of the Electricity Act, 2003, an offence punishable under Section 135 (theft of electricity) is:
aNon-cognizable and non-bailable
bNon-cognizable and bailable
cCognizable and non-bailable
dCognizable and bailable
Answer: C
Section 151B of the Electricity Act, 2003 declares offences under Sections 135 to 140 and 150 to be cognizable and non-bailable, notwithstanding anything in the Code of Criminal Procedure.
After receiving information from the bank regarding the return of a cheque as unpaid, within what period must the payee or holder in due course make a demand for payment by giving notice in writing to the drawer under Section 138 of the Negotiable Instruments Act, 1881?
aWithin thirty days
bWithin fifteen days
cWithin forty-five days
dWithin sixty days
Answer: A
Proviso (b) to Section 138 requires the payee or holder in due course to make a demand for payment by giving notice in writing to the drawer within thirty days of receiving information from the bank that the cheque has been returned unpaid.
On receipt of the statutory notice of dishonour, within what time must the drawer make payment of the cheque amount to avoid the cause of action under Section 138 of the Negotiable Instruments Act, 1881?
aWithin fifteen days of receipt of the notice
bWithin seven days of receipt of the notice
cWithin thirty days of receipt of the notice
dWithin one month of receipt of the notice
Answer: A
Proviso (c) to Section 138 provides that the offence is complete only if the drawer fails to make payment within fifteen days of receipt of the notice of demand.
Under the Information Technology Act, 2000, fraudulent or dishonest use of the electronic signature, password or any other unique identification feature of another person constitutes 'identity theft' and is dealt with under:
aSection 66C
bSection 66B
cSection 66E
dSection 66D
Answer: A
Section 66C punishes identity theft with imprisonment up to three years and fine up to one lakh rupees. Section 66D, by contrast, deals with cheating by personation using a computer resource.
Cheating by personation by means of any communication device or computer resource is punishable under Section 66D of the Information Technology Act, 2000 with imprisonment up to three years and fine which may extend to:
aTwo lakh rupees
bTen lakh rupees
cFive lakh rupees
dOne lakh rupees
Answer: D
Section 66D prescribes imprisonment up to three years and fine which may extend to one lakh rupees for cheating by personation using a communication device or computer resource.
Under Article 169 of the Constitution of India, the resolution by a State Legislative Assembly for the abolition or creation of a Legislative Council must be passed by:
aa simple majority of the members present and voting
ba majority of the total membership of the Assembly and a majority of not less than two-thirds of the members present and voting
ca two-thirds majority of the total membership of the Assembly
da three-fourths majority of the members present and voting
Answer: B
Article 169(1) requires a resolution passed by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members present and voting before Parliament may legislate on abolition or creation of a Legislative Council.
A Judge of a High Court holds office, under Article 217(1) of the Constitution, until he attains the age of:
asixty-eight years
bsixty-five years
csixty years
dsixty-two years
Answer: D
Article 217(1) fixes the retirement age of a High Court Judge at sixty-two years; a Supreme Court Judge under Article 124(2) retires at sixty-five years.
Where an empowered officer proceeds under Section 42 of the NDPS Act, 1985 without a warrant or authorisation, the copy of the information taken down in writing or the grounds of his belief must be sent to his immediate official superior within:
a48 hours
b7 days
c24 hours
d72 hours
Answer: D
The proviso to Section 42(2) requires the officer to send a copy of the information/grounds of belief to his immediate official superior within seventy-two hours.
The right of a person about to be searched to be taken, if he so requires, before a Gazetted Officer or a Magistrate is contained in which provision of the NDPS Act, 1985, and to what does it apply?
aSection 43; and it applies to search of persons in a public place
bSection 50; and it applies to a search of the person as well as his bag and baggage
cSection 42; and it applies to search of any building or conveyance
dSection 50; and it applies only to a search of the person (body), not of a bag or article carried by him
Answer: D
Section 50 confers the right to be searched before a Gazetted Officer or Magistrate; the Supreme Court has held this safeguard applies only to a personal search of the body and not to search of a bag, container or article carried by the person.
The benefit of Section 5 of the Limitation Act, 1963 for condonation of delay is NOT available to:
aAn appeal.
bA revision petition.
cA suit.
dAn application for leave to appeal.
Answer: C
Section 5 by its own terms applies to appeals and applications, expressly excluding suits and applications under any provision of Order XXI of the Code of Civil Procedure.
A minor entitled to institute a suit attains majority. Under Section 6 of the Limitation Act, 1963, he may institute the suit after the disability ceases:
aWithin the same period after the disability has ceased as would otherwise have been allowed from the time prescribed.
bWithin twelve years from the date of attaining majority.
cWithin three years from the date of attaining majority in every case.
dOnly within the original period reckoned from the accrual of the right to sue.
Answer: A
Under Section 6, where a person entitled to sue is under disability (minority/insanity/idiocy) when the right accrues, he may sue after the disability ceases within the same period that would have been allowed from the prescribed time.
In the absence of a contract or local law or usage to the contrary, a lease of immovable property for a purpose other than agricultural or manufacturing is, under Section 106 of the Transfer of Property Act, 1882, deemed to be:
aA lease from month to month, terminable by thirty days' notice
bA lease from month to month, terminable by fifteen days' notice
cA lease from year to year, terminable by six months' notice
dA tenancy at will, terminable without any notice
Answer: B
Under Section 106, a lease for any purpose other than agricultural or manufacturing is, absent a contrary contract or usage, a lease from month to month terminable by fifteen days' notice (agricultural/manufacturing leases being year to year, terminable by six months' notice).
Under Section 54 of the Transfer of Property Act, 1882, a mere contract for the sale of immovable property:
aTransfers ownership immediately on signing, registration being a formality
bIs compulsorily registrable irrespective of the value of the property
cOf itself creates an interest in or charge on such property
dDoes not, of itself, create any interest in or charge on such property
Answer: D
Section 54 provides that a contract for the sale of immovable property does not, of itself, create any interest in or charge on such property. Interest passes only on a completed sale by registered instrument (for tangible property of Rs. 100 or more).
Under Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the case of an offence punishable with imprisonment of less than three years, a person who is infirm or above sixty years of age shall be arrested only with the prior permission of an officer not below the rank of:
aSuperintendent of Police
bStation House Officer
cInspector of Police
dDeputy Superintendent of Police
Answer: D
Section 35(7) BNSS bars arrest, for an offence punishable with less than three years' imprisonment, of a person who is infirm or above sixty years of age except with the prior permission of an officer not below the rank of Deputy Superintendent of Police.
Under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for an offence punishable with three years or more but less than seven years' imprisonment, the officer in charge of the police station may, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry to ascertain a prima facie case within a period of:
aseven days
bthirty days
ctwenty-one days
dfourteen days
Answer: D
Section 173(3) BNSS permits a preliminary enquiry, with prior permission of an officer not below the rank of Deputy Superintendent of Police, for such offences and requires it to be conducted within fourteen days.
Where, by a contract of sale, the seller purports to effect a present sale of future goods, the contract under the Sale of Goods Act, 1930 operates as:
aAn agreement to sell the goods
bA void contract
cA completed sale
dA voidable contract at the option of the buyer
Answer: A
Under Section 6(3), there can be no present sale of future goods; such a contract operates only as an agreement to sell the goods.
Under Section 25 of the Indian Contract Act, 1872, an agreement made on account of natural love and affection between parties standing in a near relation to each other is enforceable, though made without consideration, only if it is:
ain writing and registered under the law relating to registration of documents
bmade orally before two witnesses
cmade before a Notary Public
dsupported by past consideration
Answer: A
The first exception in Section 25(1) requires that an agreement based on natural love and affection between persons in near relation be expressed in writing and registered to be enforceable without consideration.
In Hiral P. Harsora v. Kusum Narottamdas Harsora (2016), the Supreme Court, while construing Section 2(q) of the Protection of Women from Domestic Violence Act, 2005, held that:
aThe expression 'adult male' in Section 2(q) stands deleted as violative of Article 14, so that a respondent need not be an adult male
bA minor male can never be impleaded as a respondent in any circumstance
cThe whole of Section 2(q) is unconstitutional and must be struck down
dOnly an adult male can ever be a respondent under the Act
Answer: A
In Hiral P. Harsora v. Kusum Narottamdas Harsora, AIR 2016 SC 4774, the Court held the words 'adult male' in Section 2(q) to be violative of Article 14 and directed that they stand deleted, rendering the proviso otiose, so a complaint can be filed against female relatives as well.
Under Section 2 of the Dissolution of Muslim Marriages Act, 1939, the ground that the husband has neglected or failed to provide maintenance for the wife is available where such neglect or failure has continued for a period of:
aThree years
bTwo years
cOne year
dSix months
Answer: B
Section 2(ii) of the Act provides dissolution where the husband has neglected or failed to provide maintenance for a period of two years. Failure to perform marital obligations without reasonable cause is a separate ground requiring three years under Section 2(iv).
Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, without interruption, the right under Section 15 of the Indian Easements Act, 1882 becomes absolute after a continuous enjoyment for:
aSixty years
bTwenty years
cThirty years
dTwelve years
Answer: B
Under Section 15, access and use of light or air, support, and other easements enjoyed peaceably and without interruption for twenty years become absolute and indefeasible.
With respect to an order or decree passed in a suit instituted under Section 6 of the Specific Relief Act, 1963, which of the following is correct?
aBoth appeal and review lie
bAppeal lies but review does not
cNeither appeal nor review lies
dOnly a review lies, no appeal
Answer: C
Section 6(3) expressly provides that no appeal shall lie from any order or decree passed in a Section 6 suit, nor shall any review of such order or decree be allowed.
The definition of 'partnership' as the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all, is contained in:
aSection 5 of the Indian Partnership Act, 1932
bSection 6 of the Indian Partnership Act, 1932
cSection 4 of the Indian Partnership Act, 1932
dSection 3 of the Indian Partnership Act, 1932
Answer: C
Section 4 defines partnership, and provides that persons who have entered into partnership are individually called 'partners' and collectively 'a firm', the name under which the business is carried on being the 'firm name'.
Under Section 12 of the Legal Services Authorities Act, 1987, entitlement to legal services for a person in custody (including custody in a protective home or psychiatric hospital) is governed by which clause:
aClause (a) - a member of a Scheduled Caste or Scheduled Tribe
bClause (d) - a person under circumstances of undeserved want such as being a victim of a mass disaster
cClause (c) - a woman or a child
dClause (g) - a person in custody
Answer: D
Section 12(g) entitles a person in custody, including custody in a protective home, in a juvenile home, or in a psychiatric hospital/nursing home, to legal services without any income condition.
Section 4 of the Rajasthan Court Fees and Suits Valuation Act, 1961 ('Levy of fee in courts and public offices') principally provides that:
aThe State Government alone may levy court fees through executive notification
bCourt fee once paid can never be refunded under any circumstances
cNo document chargeable with fee shall be filed, exhibited or recorded in, or acted on by, any court or public office unless the proper fee is paid
dCourt fee is payable only in suits and never on appeals or applications
Answer: C
Section 4 is the charging provision: no document chargeable with a fee shall be filed, exhibited or recorded in, or acted upon by, any court or public office unless the fee prescribed by the Act has been paid.
The principle of natural justice expressed by the maxim 'Nemo judex in causa sua' requires that:
aBoth sides must be given a fair hearing
bIgnorance of law is no excuse
cNo person shall be a judge in his own cause
dWhere there is a right there is a remedy
Answer: C
'Nemo judex in causa sua' means no one should be a judge in his own cause; it embodies the rule against bias, one of the twin pillars of natural justice.
An informant approaches a police station in Jaipur to report a cognizable offence which was actually committed within the jurisdiction of a police station at Kota. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the officer in charge of the Jaipur police station:
aMay register the FIR only with the prior sanction of the Superintendent of Police.
bMust refuse to register the FIR and direct the informant to go to Kota.
cIs bound to register the information as a 'Zero FIR' irrespective of the area in which the offence is committed.
dCan only record a daily diary entry and forward it to Kota.
Answer: C
Section 173(1) BNSS codifies the 'Zero FIR' regime, requiring registration of information disclosing a cognizable offence irrespective of the area where it was committed; such FIR is later transferred to the police station having jurisdiction.
An accused is arrested without warrant for an offence punishable with imprisonment for ten years and is forwarded to the Magistrate under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The total period for which the Magistrate may authorise his detention pending investigation is:
a180 days
b15 days only
c60 days
d90 days
Answer: D
Under Section 187 BNSS, detention pending investigation cannot exceed 90 days for offences punishable with death, imprisonment for life, or imprisonment of not less than ten years, and 60 days in other cases, beyond which the accused is entitled to default bail.
A complaint discloses a cognizable offence punishable with imprisonment which may extend to seven years. Before arresting the accused, the police officer, under the Bharatiya Nagarik Suraksha Sanhita, 2023, is ordinarily required to:
aIssue a notice directing the accused to appear before him, arrest being the exception.
bObtain prior sanction of the District Magistrate.
cArrest the accused first and then issue the notice.
dRecord the statement of the accused under Section 180 before arrest.
Answer: A
Section 35(3) BNSS (corresponding to the erstwhile Section 41A CrPC) makes issuance of a notice of appearance the rule and arrest the exception where the offence is punishable with imprisonment up to seven years; the Supreme Court has held such notice mandatory in these cases.
During investigation of a house-breaking case in Jodhpur, the investigating officer conducts a search and seizes incriminating articles. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the entire process of search and seizure, including the preparation and signing of the seizure list:
aShall be recorded only in the presence of a Gazetted Officer.
bMust be recorded only if the offence is punishable with death.
cShall be recorded through audio-video electronic means, preferably a mobile phone, and forwarded to the Magistrate.
dNeed not be recorded electronically in any case.
Answer: C
Section 105 BNSS mandates recording of the entire search-and-seizure process, including preparation of the list of seized items and its signing by witnesses, through audio-video electronic means, which is then forwarded to the District/Sub-divisional/Judicial Magistrate of the first class.
In a case of an offence punishable with imprisonment for seven years or more, the Bharatiya Nagarik Suraksha Sanhita, 2023 makes which of the following mandatory during investigation:
aTrial of the accused as a proclaimed offender.
bRecording of the accused's confession by the investigating officer.
cVisit of a forensic expert to the scene of crime to collect forensic evidence and videograph the process.
dFiling of the charge-sheet within thirty days.
Answer: C
Section 176(3) BNSS mandates that, for offences punishable with imprisonment for seven years or more, a forensic expert shall visit the crime scene to collect forensic evidence and videograph the process on a mobile phone or other electronic device.
A woman alleges that she has been subjected to sexual assault. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, her statement during investigation shall be recorded:
aBy a woman police officer or any woman officer.
bOnly by a Judicial Magistrate.
cBy any police officer at the police station where the FIR is registered.
dBy the investigating officer in the presence of two male witnesses.
Answer: A
The proviso to Section 180 BNSS requires that the statement of a woman against whom an offence of sexual assault is alleged to have been committed or attempted be recorded by a woman police officer or any woman officer.
An accused has absconded after a charge was framed against him and has been declared a proclaimed offender with no immediate prospect of arrest. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court may:
aProceed with the trial in absentia after recording reasons in writing, deeming the right of presence waived.
bKeep the case in abeyance indefinitely until he is arrested.
cTransfer the case to the High Court.
dAcquit the accused for want of his presence.
Answer: A
Section 356 BNSS introduces trial in absentia: where a proclaimed offender has absconded to evade trial with no immediate prospect of arrest, it is deemed a waiver of the right to be present, and the Court may, after recording reasons in writing, proceed with the trial.
X, a first-time offender, is an undertrial prisoner. He has undergone detention extending up to one-third of the maximum period of imprisonment specified for the offence (not being one punishable with death or imprisonment for life). Under the Bharatiya Nagarik Suraksha Sanhita, 2023, he shall:
aBe released on bond by the Court, this being a first-time offender's special benefit.
bContinue to remain in custody until conclusion of trial.
cBe entitled to acquittal.
dBe released only after undergoing one-half of the maximum period.
Answer: A
The first proviso to Section 479 BNSS provides that a first-time offender (never previously convicted) shall be released on bond by the Court on having undergone detention up to one-third of the maximum imprisonment specified, as against one-half for other undertrials.
A makes a confession that incriminates both himself and his co-accused B, when both are being tried jointly for the same offence. Under the Bharatiya Sakshya Adhiniyam, 2023, the provision allowing the Court to take such confession into consideration against B is:
aSection 23
bSection 22
cSection 25
dSection 24
Answer: D
Section 24 of the BSA, 2023 (consideration of proved confession affecting the person making it and others jointly under trial for the same offence) permits the Court, where more persons than one are being tried jointly for the same offence, to take into consideration a confession made by one of them affecting himself and a co-accused. It re-enacts Section 30 of the Indian Evidence Act, 1872.
A confession which appears to the Court to have been caused by inducement, threat, coercion or promise, having reference to the charge and proceeding from a person in authority, is irrelevant in a criminal proceeding. This rule is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 28
bSection 22
cSection 23
dSection 19
Answer: B
Section 22 of the BSA, 2023 renders irrelevant a confession caused by inducement, threat, coercion or promise proceeding from a person in authority and referable to the charge. It corresponds to Section 24 of the repealed Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023, no particular number of witnesses is required for the proof of any fact. This proposition is embodied in:
aSection 137
bSection 134
cSection 141
dSection 139
Answer: D
Section 139 of the BSA, 2023 provides that no particular number of witnesses shall be required for the proof of any fact, reflecting the principle that evidence is weighed and not counted. It corresponds to Section 134 of the Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023, a confession made to a police officer shall not be proved against a person accused of any offence. This rule is contained in:
aSection 22
bSection 27
cSection 24
dSection 23(1)
Answer: D
Section 23(1) of the BSA, 2023 bars proof of a confession made to a police officer against an accused, corresponding to the old Section 25 of the Indian Evidence Act, 1872.
Where a fact is deposed to as discovered in consequence of information received from an accused in police custody, so much of the information as relates distinctly to the fact thereby discovered may be proved. Under the Bharatiya Sakshya Adhiniyam, 2023, this 'doctrine of discovery' is now embodied in:
aSection 23(2), proviso
bSection 22
cSection 25
dSection 27
Answer: A
The exception formerly in Section 27 of the Indian Evidence Act, 1872 is now placed in the proviso to Section 23(2) of the BSA, 2023; only the portion of the information distinctly relating to the fact discovered is provable, whether or not it amounts to a confession.
A man, fatally wounded in an assault, tells a passer-by the name of his assailant and dies the next day. Under the Bharatiya Sakshya Adhiniyam, 2023, the admissibility of this statement as a dying declaration is governed by:
aSection 24
bSection 32
cSection 26
dSection 27
Answer: C
A statement by a person as to the cause of his death or the circumstances resulting in it is relevant under Section 26(a) of the BSA, which corresponds to Section 32(1) of the Indian Evidence Act, 1872.
A and B, with the common intention of robbing Z, attack Z; in furtherance of that intention B fatally stabs Z. Under the Bharatiya Nyaya Sanhita, 2023, the provision that makes A also liable for the act done by B is:
aSection 61
bSection 190
cSection 34
dSection 3(5)
Answer: D
Section 3(5) BNS embodies the principle of common intention (corresponding to Section 34 IPC), making each person liable for a criminal act done by several persons in furtherance of the common intention.
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