Rajasthan Judiciary Mock Test 4 — Questions & Solutions
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On the death of one of several plaintiffs or sole plaintiff, where the right to sue survives, the suit shall under Order XXII Rule 1 of the Code of Civil Procedure, 1908:
aabate automatically
bbe stayed until the appointment of an administrator
cnot abate but proceed at the instance of the surviving plaintiff or the legal representative of the deceased plaintiff
dbe dismissed for want of prosecution
Answer: C
Order XXII Rule 1 provides that the death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives; it proceeds at the instance of, or against, the surviving party or the legal representative.
For the purpose of satisfying itself whether to deal with an offender under twenty-one under Section 3 or 4, Section 6(2) of the Probation of Offenders Act, 1958 requires the court to:
acall for a report from the probation officer and consider it
brefer the offender for medical board examination
cobtain the opinion of two assessors
dexamine the offender on oath
Answer: A
Section 6(2) obliges the court to 'call for a report from the probation officer and consider the report, if any, and any other information' on the offender's character and physical and mental condition.
Under Section 9(3)(b) of the Probation of Offenders Act, 1958, where an offender on probation fails to observe the conditions of his bond for the first time, the court may, without prejudice to the continuance of the bond, impose a penalty not exceeding:
aone hundred rupees
bfifty rupees
cfive hundred rupees
done thousand rupees
Answer: B
Section 9(3)(b) allows, where the failure is for the first time, a penalty 'not exceeding fifty rupees' without prejudice to the continuance in force of the bond.
Section 47 of the Registration Act, 1908 provides that a registered document shall operate from:
athe date on which the certificate of registration is endorsed
bthe date the registering officer makes the entry in his register
cthe time from which it would have commenced to operate if no registration had been required or made
dthe date of its registration
Answer: C
Section 47 states a registered document operates from the time from which it would have commenced to operate had no registration been required or made, and not from the time of its registration.
Under the proviso to Section 49 of the Registration Act, 1908, an unregistered document affecting immovable property that is required to be registered may nevertheless be received as evidence:
ato directly affect title to the immovable property comprised therein
bfor no purpose whatsoever
cto confer the power to adopt
dof a contract in a suit for specific performance, or of any collateral transaction not required to be effected by a registered instrument
Answer: D
The proviso to Section 49 permits an unregistered document to be received as evidence of a contract in a suit for specific performance, as evidence of part performance under Section 53A TPA, or of a collateral transaction not required to be effected by a registered instrument; this is the principle in K.B. Saha & Sons v. Development Consultant Ltd.
Which of the following statements is correct, so far as Section 16 of the Arbitration and Conciliation Act, 1996, is concerned?
aAn arbitration clause forming part of a contract becomes void the moment the contract is declared null and void
bThe arbitral tribunal may rule on its own jurisdiction, including any objection to the existence or validity of the arbitration agreement
cOnly the Court, and not the arbitral tribunal, can decide questions as to the existence or validity of the arbitration agreement
dA plea that the tribunal exceeds the scope of its authority must be raised after the award is made
Answer: B
Section 16 embodies the kompetenz-kompetenz principle: the tribunal may rule on its own jurisdiction, and an arbitration clause is treated as an independent agreement, so a decision that the contract is null and void does not entail invalidity of the arbitration clause.
Section 14 of the SC/ST (Prevention of Atrocities) Act, 1989 (as amended in 2015) provides that, for the purpose of providing speedy trial, the Special Court or Exclusive Special Court shall, as far as possible, complete the trial within a period of:
aThree months from the date of cognizance
bTwo months from the date of filing the charge-sheet
cOne year from the date of registration of FIR
dSix months from the date of filing the charge-sheet
Answer: B
Section 14 directs that the trial be completed, as far as possible, within two months from the date of filing of the charge-sheet to ensure speedy disposal.
The rights of victims and witnesses, including the right to be treated with fairness and dignity and protection from intimidation, were expressly incorporated into the SC/ST (Prevention of Atrocities) Act, 1989 by the 2015 amendment, in:
aSection 15A
bSection 17
cSection 21A
dSection 14A
Answer: A
Section 15A, inserted by the 2015 amendment, codifies the rights of victims and witnesses, including fair treatment, protection, and the right to be heard at relevant stages.
Under Section 12 of the POCSO Act, 2012, whoever commits sexual harassment upon a child (as defined in Section 11) shall be punished with imprisonment which may extend to:
aThree years
bFive years
cOne year
dTwo years
Answer: A
Section 12 provides imprisonment of either description which may extend to three years, and also fine, for sexual harassment of a child.
Under Section 19(1) of the POCSO Act, 2012, a person who has apprehension that an offence under the Act is likely to be committed, or has knowledge that such an offence has been committed, is required to provide information to:
aThe District Magistrate only
bThe Special Public Prosecutor only
cThe Special Juvenile Police Unit or the local police
dOnly the parents of the child
Answer: C
Section 19(1) mandates reporting of such offences to the Special Juvenile Police Unit (SJPU) or the local police.
Under Section 3 of the Rajasthan Rent Control Act, 2001, in respect of residential premises situated in the municipal area of Jaipur city, Chapters II and III do not apply where the monthly rent is:
arupees seven thousand or more
brupees four thousand or more
crupees ten thousand or more
drupees two thousand or more
Answer: A
Section 3 exempts residential premises in the Jaipur municipal area where the monthly rent is rupees seven thousand or more; the threshold is lower (rupees four thousand) for divisional headquarters and rupees two thousand for other municipal areas.
Under the Rajasthan Rent Control Act, 2001, the exclusive forum for adjudication of disputes between landlord and tenant covered by the Act, to the exclusion of civil courts, is:
athe District Judge
bthe Rent Controller appointed under the central Act
cthe Sub-Divisional Officer
dthe Rent Tribunal
Answer: D
Section 18 confers exclusive jurisdiction on the Rent Tribunal and bars civil courts from entertaining matters relating to landlord-tenant disputes covered by the Act.
Q14Other Special/Local Acts (Electricity Act, Motor Vehicles Act)
Under Section 185 of the Motor Vehicles Act, 1988, a person driving a motor vehicle is presumed to be drunk if alcohol in his blood exceeds:
a80 mg per 100 ml of blood
b50 mg per 100 ml of blood
c30 mg per 100 ml of blood
d20 mg per 100 ml of blood
Answer: C
Section 185 of the Motor Vehicles Act, 1988 fixes the threshold at alcohol exceeding 30 mg per 100 ml of blood detected in a test by a breath analyser.
Q15Other Special/Local Acts (Electricity Act, Motor Vehicles Act)
An application for compensation arising out of a motor accident is made under which provision of the Motor Vehicles Act, 1988?
aSection 173
bSection 166
cSection 168
dSection 163A
Answer: B
Section 166 of the Motor Vehicles Act, 1988 provides for an application for compensation to the Claims Tribunal; Section 168 deals with the Tribunal's award and Section 173 with appeals.
After the Negotiable Instruments (Amendment) Act, 2015, where a cheque is delivered for collection through an account, the offence under Section 138 shall be inquired into and tried only by a court within whose local jurisdiction:
aThe drawer maintains his account
bThe branch of the drawee bank on which the cheque is drawn is situated
cThe notice of demand is issued from
dThe branch of the bank where the payee or holder in due course maintains the account is situated
Answer: D
Section 142(2)(a), inserted by the 2015 amendment, vests jurisdiction in the court within whose local jurisdiction the branch of the bank where the payee or holder in due course maintains the account is situated when the cheque is delivered for collection through an account.
Under Section 143A of the Negotiable Instruments Act, 1881, the interim compensation that the court may direct the drawer to pay during the pendency of a complaint under Section 138 shall not exceed:
aTwenty per cent of the amount of the cheque
bTen per cent of the amount of the cheque
cFifty per cent of the amount of the cheque
dThe entire amount of the cheque
Answer: A
Section 143A(2) provides that the interim compensation directed to be paid shall not exceed twenty per cent of the amount of the cheque.
Publishing or transmitting material depicting children in sexually explicit acts in electronic form is specifically dealt with under which provision of the Information Technology Act, 2000?
aSection 67A
bSection 66E
cSection 67
dSection 67B
Answer: D
Section 67B specifically penalises child sexual abuse material, with imprisonment up to five years and fine up to ten lakh rupees on first conviction. Section 67A covers sexually explicit material generally.
An adjudicating officer appointed under Section 46 of the Information Technology Act, 2000 to adjudicate contraventions shall not be below the rank of:
aDirector to the Government of India or an equivalent officer of a State Government
bDeputy Secretary to the Government of India
cJoint Secretary to the Government of India
dSecretary to the Government of India
Answer: A
Under Section 46, the Central Government appoints an adjudicating officer not below the rank of a Director to the Government of India or an equivalent officer of a State Government.
Article 21-A, providing for free and compulsory education to children of the age of six to fourteen years as a fundamental right, was inserted by which Constitutional Amendment?
The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A making right to education a fundamental right for children aged six to fourteen years.
The recommendations of the Finance Commission constituted under Article 280 of the Constitution pertain primarily to:
athe distribution of net proceeds of taxes between the Union and the States and the principles governing grants-in-aid
bthe reorganisation of State boundaries
cthe allocation of seats in the Council of States
dthe regulation of inter-State trade and commerce
Answer: A
Article 280 charges the Finance Commission with recommending the distribution of the net proceeds of taxes between the Union and the States and the principles governing grants-in-aid of the revenues of the States.
Under Section 27 of the NDPS Act, 1985, the punishment for consumption of a narcotic drug such as cocaine, morphine or heroin (as notified) is:
aImprisonment up to one year, or fine up to Rs. 20,000, or both
bRigorous imprisonment up to 6 months, or fine up to Rs. 10,000, or both
cRigorous imprisonment not less than 10 years
dImprisonment for life and fine
Answer: A
Section 27(a) prescribes for consumption of the notified harder drugs (cocaine, morphine, diacetylmorphine etc.) imprisonment up to one year, or fine up to twenty thousand rupees, or both; clause (b) prescribes the lighter punishment for other drugs.
Section 35 of the NDPS Act, 1985 provides that in any prosecution for an offence under the Act requiring a culpable mental state:
aThe prosecution must affirmatively prove the accused's intention, knowledge or motive beyond reasonable doubt
bNo culpable mental state is required for any offence under the Act
cThe Court shall presume the existence of such culpable mental state, but the accused may prove its absence
dThe presumption arises only after the accused leads some evidence
Answer: C
Section 35 raises a presumption of the existence of the requisite culpable mental state and places on the accused the burden of proving its absence, the standard being proof beyond reasonable doubt rather than mere preponderance.
A acknowledges in writing, signed by him, his liability under a debt before the expiry of the prescribed period. Under Section 18 of the Limitation Act, 1963, the effect of such acknowledgment is that:
aThe debt becomes immediately recoverable without limitation.
bA fresh period of limitation is computed from the time the acknowledgment was signed.
cThe original period of limitation continues unaffected.
dLimitation is extended by a maximum of one year only.
Answer: B
Under Section 18, a valid written acknowledgment of liability signed before the expiry of the limitation period gives rise to a fresh period of limitation computed from the date the acknowledgment was signed.
For the purposes of Section 18 of the Limitation Act, 1963, an acknowledgment of liability:
aMust be in writing and signed by the party against whom the right is claimed or his agent.
bMay be oral if made before two witnesses.
cNeed not be signed if it is contained in a printed document.
dIs valid even if made after the prescribed period has expired.
Answer: A
Section 18 requires the acknowledgment to be in writing and signed by the party against whom the property or right is claimed (or his duly authorised agent), and it must be made before the period of limitation expires.
The doctrine of part performance enacted in Section 53A of the Transfer of Property Act, 1882 operates:
aOnly where the contract of transfer has been duly registered
bEven where the contract is oral, if possession has been taken
cAs a shield, debarring the transferor from enforcing rights against the transferee in possession other than those expressly provided by the contract
dAs a sword, enabling the transferee to sue for a decree of title
Answer: C
Section 53A is a passive equity available only as a defence (shield); it bars the transferor from enforcing against the transferee, who has taken possession in part performance of a written contract and is willing to perform his part, any right other than one expressly provided by the contract.
Under Section 123 of the Transfer of Property Act, 1882, a gift of immovable property can be made only by:
aA registered instrument signed by or on behalf of the donor and attested by at least two witnesses
bAn oral declaration followed by mutation of the revenue record
cAn unregistered instrument signed by the donor and attested by two witnesses
dDelivery of possession to the donee
Answer: A
Section 123 requires that a gift of immovable property be effected by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses. For movable property, delivery or a registered instrument suffices.
The power to grant anticipatory bail (direction for release in the event of arrest) under the Bharatiya Nagarik Suraksha Sanhita, 2023 — corresponding to Section 438 of the CrPC, 1973 — is now contained in:
aSection 438 BNSS
bSection 484 BNSS
cSection 482 BNSS
dSection 480 BNSS
Answer: C
Section 482 BNSS provides for anticipatory bail and replaces Section 438 CrPC; the general provision for bail in a non-bailable offence (old Section 437 CrPC) is now Section 480 BNSS.
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a first-time offender (one never previously convicted) is entitled to release on bail/bond on having undergone detention as an under-trial for a period extending up to:
aone-half of the maximum imprisonment specified for the offence
bone-third of the maximum imprisonment specified for the offence
cone-fourth of the maximum imprisonment specified for the offence
dthe full maximum imprisonment specified for the offence
Answer: B
The first proviso to Section 479(1) BNSS provides that a first-time offender shall be released on bond if he has undergone detention up to one-third of the maximum imprisonment specified for the offence; the general rule for others is one-half.
Under the Sale of Goods Act, 1930, a stipulation in a contract of sale, the breach of which gives rise to a right to treat the contract as repudiated, is a:
aCollateral term
bRepresentation
cCondition
dWarranty
Answer: C
Section 12(2) defines a condition as a stipulation essential to the main purpose of the contract, breach of which gives a right to treat the contract as repudiated; a warranty (Section 12(3)) is collateral and its breach gives only a right to claim damages.
Under Section 128 of the Indian Contract Act, 1872, the liability of the surety is:
aco-extensive with that of the principal debtor, unless otherwise provided by the contract
balways limited to one-half of the principal debtor's liability
cindependent of and unaffected by the principal debtor's liability
dsecondary and arises only after the creditor exhausts remedies against the principal debtor
Answer: A
Section 128 provides that the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract.
Under the proviso to Section 12(5) of the Protection of Women from Domestic Violence Act, 2005, the Magistrate shall endeavour to dispose of every application made under Section 12 within:
aOne hundred and twenty days from the date of service of notice
bThirty days from the date of its first hearing
cNinety days from the date of filing
dSixty days from the date of its first hearing
Answer: D
The proviso to Section 12(5) requires the Magistrate to endeavour to dispose of every application under Section 12 within sixty days from the date of its first hearing.
Under Section 2(b) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, in the case of a divorced woman who is not subject to menstruation and is not pregnant, the 'iddat period' means a period of:
aUntil she is delivered of her child
bThree menstrual courses after the date of divorce
cFour months and ten days from the date of divorce
dThree lunar months from the date of divorce
Answer: D
Section 2(b) of the 1986 Act defines iddat for a woman not subject to menstruation as three lunar months after divorce; if subject to menstruation it is three menstrual courses; and if pregnant, until delivery.
An easement of necessity, as recognised under Section 13 of the Indian Easements Act, 1882, arises when:
aThe easement is apparent and continuous though not absolutely necessary for enjoyment
bWithout the easement the subject of a transfer or partition cannot be enjoyed at all
cA local custom imposes the right upon the inhabitants of a locality
dThe right has been enjoyed peaceably and openly as of right for twenty years
Answer: B
An easement of necessity under Section 13 (clauses a, c and e) arises only where the subject of the transfer or partition cannot be used or enjoyed at all without that easement; mere convenience is insufficient.
Which of the following, after the Specific Relief (Amendment) Act, 2018, is NOT among the contracts that cannot be specifically enforced under Section 14?
aA contract the performance of which involves the performance of a continuous duty which the court cannot supervise
bA contract which is in its nature determinable
cA contract which is so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms
dA contract for the non-performance of which money compensation is an adequate relief
Answer: D
Adequacy of money compensation was removed as a bar by the 2018 amendment. The amended Section 14 bars only substituted-performance contracts, those involving continuous duty, those dependent on personal qualifications, and contracts inherently determinable.
A minor admitted to the benefits of partnership may, after attaining majority, elect to become or not to become a partner of the firm by giving public notice within:
aSix months of attaining majority or of obtaining knowledge of his admission, whichever date is later
bThree months of attaining majority
cOne year of attaining majority
dThirty days of attaining majority
Answer: A
Under Section 30, the minor must give public notice within six months of attaining majority, or of his obtaining knowledge that he had been admitted to the benefits of partnership, whichever date is later; failing which he becomes a partner on expiry of that period.
Every award made by a Lok Adalat under the Legal Services Authorities Act, 1987:
aIs subject to a first appeal before the District Judge
bMay be set aside by the State Authority on review
cOperates only as a recommendation requiring confirmation by the referring court
dIs deemed to be a decree of a civil court and final, with no appeal lying against it
Answer: D
Under Section 21, every award of a Lok Adalat is deemed to be a decree of a civil court, is final and binding on all parties, and no appeal lies to any court against the award.
In a suit for declaration where the plaintiff also seeks consequential relief, the court fee under the Rajasthan Court Fees and Suits Valuation Act, 1961 is governed by:
aSection 35 (Partition suits)
bSection 24 (Suits for declaration)
cSection 21 (Suits for money)
dSection 47 (Appeals)
Answer: B
Section 24 ('Suits for declaration') governs fee in declaratory suits, including those in which consequential relief is prayed for, valuing the fee with reference to the relief sought.
Choose the correct passive voice of: "The court has dismissed the petition."
aThe petition was dismissed by the court.
bThe petition has been dismissed by the court.
cThe petition had been dismissed by the court.
dThe petition is dismissed by the court.
Answer: B
Present perfect active 'has dismissed' becomes 'has been dismissed' in the passive, retaining the present perfect tense.
Q42English Language
Select the word that is a SYNONYM of 'PERFUNCTORY'.
aDiligent
bEnthusiastic
cCareless
dThorough
Answer: C
'Perfunctory' means done routinely and with little care or interest; 'careless' is the closest synonym among the options.
Q43English Language
Fill in the blank with the appropriate article or determiner: "He is _______ honest man, but his brother is a rogue."
aan
ba
cno article
dthe
Answer: A
'Honest' begins with a silent 'h', so the word is pronounced with an initial vowel sound, requiring the article 'an'.
Q44English Language
Choose the option that correctly completes the conditional sentence: "If the accused _______ pleaded guilty, the trial would have ended sooner."
ahave
bwould have
chad
dhas
Answer: C
A third (unreal past) conditional requires 'had + past participle' in the if-clause matched with 'would have' in the main clause.
Q45English Language
Choose the word most nearly OPPOSITE in meaning to the word: 'FRUGAL'.
aThrifty
bEconomical
cExtravagant
dPrudent
Answer: C
'Frugal' means economical or sparing in expenditure; its antonym is 'extravagant', meaning wasteful or lavish. Options (a), (c) and (d) are synonyms of 'frugal'.
Choose the option that correctly fills the blank: 'The judge directed the parties to abide ____ the terms of the settlement.'
afor
bto
cby
dwith
Answer: C
The phrasal verb is 'abide by', meaning to comply with or act in accordance with a rule, decision or agreement. 'Abide with' has a different archaic sense (to remain with).
Identify the meaning of the idiom: 'to bury the hatchet'.
aTo abandon a difficult task
bTo hide evidence of a crime
cTo make peace and end a quarrel
dTo prepare secretly for war
Answer: C
'To bury the hatchet' means to settle a dispute and become friendly again. The phrase originates from a Native American custom of literally burying weapons to mark peace.
Select the one word that best substitutes the phrase: 'a person who knows many foreign languages'.
aPolyglot
bOrator
cLinguist
dBilingual
Answer: A
A 'polyglot' is a person who speaks or writes several languages. A 'linguist' studies the science of language and need not speak many; 'bilingual' refers to only two languages.
Select the correct meaning of the idiom: 'a moot point'.
aA point that is settled beyond doubt
bA debatable or unsettled question
cA minor and irrelevant detail
dA deliberately false statement
Answer: B
'A moot point' is one that is open to debate or remains unresolved. In common legal usage it denotes an arguable question, often one no longer of practical significance.
'Arbitrary' means based on random choice or personal whim rather than reason; 'whimsical' is the closest synonym. 'Reasoned' and 'methodical' are opposites.
aThe witness said "I saw the accused leave the house."
bThe witness said; "I saw the accused leave the house".
cThe witness said, I saw the accused leave the house.
dThe witness said, "I saw the accused leave the house."
Answer: D
A direct quotation is introduced by a comma after the reporting verb, enclosed in quotation marks, with the closing punctuation placed inside the quotes.
Select the one word that best substitutes the phrase: 'a statement that is obviously self-contradictory yet may contain a truth'.
aParadox
bParable
cParagon
dParaphrase
Answer: A
A 'paradox' is a seemingly contradictory statement that may nonetheless be true. A 'parable' is a moral story and a 'paragon' is a model of excellence.
For an offence punishable with seven years' imprisonment or more, the Bharatiya Nagarik Suraksha Sanhita, 2023 makes it mandatory that:
aThe investigation be completed within thirty days
bTwo independent witnesses sign the inquest in every case
cA forensic expert visit the scene of crime to collect forensic evidence and videograph the process
dThe accused be produced before the Sessions Judge within 24 hours
Answer: C
Section 176(3) BNSS mandates that for offences punishable with seven years or more a forensic expert shall visit the crime scene to collect forensic evidence and record the process by videography.
Under the proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, before taking cognizance of an offence on a complaint, the Magistrate must:
aGive the accused an opportunity of being heard
bObtain prior sanction of the District Magistrate
cRefer the matter to the police for investigation under Section 175
dRecord the statement of the complainant on affidavit only
Answer: A
The proviso to Section 223(1) BNSS introduces a new safeguard: no cognizance of an offence on a complaint shall be taken without giving the proposed accused an opportunity of being heard.
Under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where a police officer proposes to arrest a person for a cognizable offence punishable with imprisonment which may extend up to seven years, the ordinary course required is to:
aSeek a warrant from the Magistrate in every case
bIssue a notice directing the person to appear, arrest being the exception to be recorded in writing
cObtain the written consent of the person before arrest
dArrest the person at once without any warrant or notice
Answer: B
Section 35 BNSS (carrying forward the Section 41A CrPC scheme) makes a notice of appearance the default for such offences; arrest is the exception and the officer must record reasons where he proceeds to arrest.
The provision corresponding to anticipatory bail (formerly Section 438 of the Code of Criminal Procedure, 1973) is now contained in which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 482
bSection 480
cSection 439
dSection 438
Answer: A
Anticipatory bail, earlier under Section 438 CrPC, is now governed by Section 482 of the BNSS, 2023.
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a first-time offender (not charged with an offence punishable with death or life imprisonment) shall be released on bond by the Court on having undergone detention up to:
aOne-fourth of the maximum period of imprisonment specified for the offence
bThe whole of the maximum period of imprisonment specified for the offence
cOne-third of the maximum period of imprisonment specified for the offence
dOne-half of the maximum period of imprisonment specified for the offence
Answer: C
The first proviso to Section 479(1) BNSS provides that a first-time offender shall be released on bond on having undergone detention up to one-third of the maximum period of imprisonment specified for the offence; the general rule is one-half.
Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an inquiry or trial in absentia of a proclaimed offender who has absconded may be commenced only after the lapse of:
aThirty days from the date of framing of the charge
bOne hundred and eighty days from the date of arrest warrant
cSixty days from the date of issue of proclamation
dNinety days from the date of framing of the charge
Answer: D
Section 356 BNSS, a new provision permitting trial in absentia of a proclaimed offender, requires the Court to wait ninety days from the date of framing of charge before commencing such trial.
Under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the police officer is required to inform the informant or victim of the progress of the investigation, including by electronic communication, within:
aThirty days
bSixty days
cFifteen days
dNinety days
Answer: D
Section 193(3) BNSS introduces a duty to keep the informant or victim informed of the progress of investigation within ninety days, including through electronic communication.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a mercy petition by a convict under sentence of death must be made to the President within how many days from rejection or disposal of the petition by the Governor?
aThirty days
bForty-five days
cSixty days
dNinety days
Answer: C
Section 472 BNSS provides that the mercy petition may first be made to the Governor, and on its rejection or disposal, a petition shall be made to the President within sixty days.
The doctrine of promissory estoppel is an extension of the rule of estoppel. Under the Bharatiya Sakshya Adhiniyam, 2023, the general provision on estoppel is contained in:
aSection 115
bSection 124
cSection 121
dSection 117
Answer: C
Estoppel, formerly Section 115 of the Indian Evidence Act, 1872, is now Section 121 of the BSA.
Under the Bharatiya Sakshya Adhiniyam, 2023, an accomplice is a competent witness against an accused person, and a conviction is not illegal merely because it proceeds upon the testimony of an accomplice. The change introduced by the BSA over the old Section 133 is that such testimony must be:
auncorroborated
bcorroborated
creduced to writing
drecorded on oath
Answer: B
Section 138 of the BSA, 2023 provides that an accomplice shall be a competent witness against an accused person, and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. The enacted BSA substitutes 'corroborated' for the word 'uncorroborated' used in the repealed Section 133 of the Indian Evidence Act, 1872.
A question suggesting the answer which the person putting it wishes or expects to receive is a 'leading question'. Under the Bharatiya Sakshya Adhiniyam, 2023, leading questions are defined in:
aSection 149
bSection 143
cSection 141
dSection 146
Answer: D
Leading questions, earlier Section 141 of the Indian Evidence Act, 1872, are now defined in Section 146 of the BSA.
Under the Bharatiya Sakshya Adhiniyam, 2023, the expression 'shall presume' means that whenever it is directed that the Court shall presume a fact:
athe Court shall regard the fact as proved unless and until it is disproved
bthe Court must record reasons before drawing the presumption
cthe Court may either regard the fact as proved or call for proof of it
dthe Court shall regard the fact as proved and shall not allow evidence to disprove it
Answer: A
Under Section 2 of the BSA, 'shall presume' means the Court shall regard the fact as proved unless and until it is disproved; whereas 'conclusive proof' bars contrary evidence.
Under the Bharatiya Sakshya Adhiniyam, 2023, the competency of a witness, providing that all persons are competent to testify unless prevented from understanding the questions or giving rational answers by tender years, extreme old age, disease or any other cause, is dealt with in:
aSection 118
bSection 124
cSection 126
dSection 120
Answer: B
Competency of witnesses, formerly Section 118 of the Indian Evidence Act, 1872, is now Section 124 of the BSA (the term 'lunatic' having been replaced by 'person of unsound mind').
Which section of the Bharatiya Nyaya Sanhita, 2023 prescribes the punishment for murder?
aSection 101
bSection 302
cSection 105
dSection 103
Answer: D
Section 103 BNS provides the punishment for murder (death or life imprisonment with fine), while murder itself is defined in Section 101; the corresponding old provision was Section 302 IPC.
A bride dies of burn injuries 'otherwise than under normal circumstances' within seven years of her marriage, having been subjected to cruelty in connection with a demand for dowry. The offence of dowry death is punishable under which provision of the Bharatiya Nyaya Sanhita, 2023, with a minimum sentence of:
aSection 80, minimum 7 years
bSection 85, minimum 3 years
cSection 304-B, minimum 10 years
dSection 80, minimum 10 years
Answer: A
Section 80 BNS (formerly Section 304-B IPC) punishes dowry death with imprisonment not less than seven years, extendable to life.
X, in order to commit theft, suddenly and forcibly grabs a mobile phone from the hand of Y while passing on a motorcycle, without using or threatening any further violence. Under the Bharatiya Nyaya Sanhita, 2023, X is most appropriately liable for:
aExtortion under Section 308
bRobbery under Section 309
cTheft simpliciter under Section 303 only
dSnatching under Section 304
Answer: D
Section 304 BNS newly defines 'snatching' as theft committed by suddenly, quickly or forcibly seizing movable property; it is punishable with imprisonment up to three years and fine.
Under the Bharatiya Nyaya Sanhita, 2023, how many kinds of hurt are designated as 'grievous hurt' under Section 116?
aNine
bEight
cSix
dSeven
Answer: B
Section 116 BNS designates eight kinds of hurt as grievous, including emasculation, permanent privation of sight or hearing, and fracture or dislocation of a bone or tooth.
Q74Rajasthan Local Acts (Stamp, Tenancy, Agri-Credit, Right to Hearing, Panchayati Raj, Agri-Indebtedness)
Under the Rajasthan Stamp Act, 1998, the duty to examine and impound an instrument that appears not to be duly stamped, when it is produced before a person in charge of a public office, does NOT extend to:
aA Collector acting under the Act
bAn arbitrator before whom the instrument is produced
cA person having authority by law to receive evidence
dA police officer
Answer: D
The impounding obligation falls on persons authorised to receive evidence and persons in charge of a public office, but a police officer is expressly excepted from this duty under the Act.
Q75Rajasthan Local Acts (Stamp, Tenancy, Agri-Credit, Right to Hearing, Panchayati Raj, Agri-Indebtedness)
Under the Rajasthan Stamp Act, 1998, when a person voluntarily brings an instrument to the Collector to have his opinion as to the duty with which it is chargeable, the Collector's function is described as:
aRegistration of the instrument
bAttestation of the instrument
cAdjudication as to proper stamp
dCompounding of the offence
Answer: C
Where an instrument is brought voluntarily before the Collector for his opinion on chargeable duty, the Collector determines the proper duty in exercise of his power of adjudication as to proper stamp under the Rajasthan Stamp Act, 1998.
Q77Rajasthan Local Acts (Stamp, Tenancy, Agri-Credit, Right to Hearing, Panchayati Raj, Agri-Indebtedness)
Under the Rajasthan Tenancy Act, 1955, the distinguishing feature of a 'Khatedar tenant' as compared with a 'Gair Khatedar tenant' is that the Khatedar tenant's rights are:
aTransferable but not heritable
bHeritable and, subject to the Act, transferable
cNeither heritable nor transferable
dHeritable but not transferable
Answer: B
A Khatedar tenant holds heritable and (subject to the conditions of the Act) transferable rights in his holding, whereas a Gair Khatedar tenant does not enjoy such transferable Khatedari rights.
For the purpose of determination of age under Section 94(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015, the document accorded the highest priority is:
aan affidavit sworn by the parents
bthe date of birth certificate from the school or the matriculation/equivalent certificate
cossification test or other medical age determination test
dthe statement of the child recorded by the police
Answer: B
Section 94(2) prescribes an order of priority: first the date of birth certificate from the school or matriculation certificate; then the birth certificate from a corporation/municipal authority/panchayat; and only in their absence, an ossification or other medical test. The Supreme Court has held the ossification test is at the last rung.
Under Section 2(45) of the Juvenile Justice (Care and Protection of Children) Act, 2015, a "petty offence" is an offence for which the maximum punishment under the Indian Penal Code or any other law is imprisonment up to:
atwo years
bfive years
cthree years
done year
Answer: C
Section 2(45) defines petty offences as those for which the maximum punishment under the IPC or any other law in force is imprisonment up to three years.
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, a child alleged to be in conflict with law, on being apprehended by the police, is required to be placed under the charge of:
athe officer-in-charge of the local police station's lock-up
bthe Special Juvenile Police Unit or the designated child welfare police officer, and produced before the Board within twenty-four hours
cthe District Magistrate within seventy-two hours
dthe nearest Judicial Magistrate within forty-eight hours
Answer: B
Section 10 of the JJ Act, 2015 provides that an apprehended child in conflict with law shall be placed under the charge of the Special Juvenile Police Unit or the designated child welfare police officer and produced before the Board within twenty-four hours, excluding journey time; the child cannot be kept in a police lock-up or jail.
Under Section 25 of the Hindu Marriage Act, 1955, an order of permanent alimony and maintenance passed by the court may be:
aFinal and incapable of any subsequent variation
bGranted only as a lump sum and never as periodical payments
cGranted only to the wife and never to the husband
dVaried, modified or rescinded if there is a change in the circumstances of either party
Answer: D
Section 25(2) empowers the court, on being satisfied that there is a change in the circumstances of either party, to vary, modify or rescind any order made under the section. Either spouse may apply, and the court may order a gross sum or periodical payments.
Under the Hindu Succession Act, 1956, on the death of a Hindu female dying intestate, property inherited by her from her father or mother shall, in the absence of any son or daughter (including children of a predeceased child), devolve upon:
aThe heirs of the husband
bHer own mother exclusively
cThe State by escheat
dThe heirs of the father
Answer: D
Section 15(2)(a) provides that property inherited by a female from her father or mother shall, in the absence of her own son or daughter (including children of a predeceased son or daughter), devolve upon the heirs of the father, not upon the husband's heirs.
Under Section 13(2) of the Hindu Marriage Act, 1955, a special ground of divorce available only to the wife is that:
aThe husband has been guilty of cruelty
bThe husband has ceased to be a Hindu
cThe husband has, since the solemnisation of the marriage, been guilty of rape, sodomy or bestiality
dThe husband has deserted her for two years
Answer: C
Section 13(2)(ii) gives the wife a special ground to seek divorce on the basis that the husband has, since the solemnisation of the marriage, been guilty of rape, sodomy or bestiality. The other listed grounds are available to either spouse under Section 13(1).
Under Section 60 of the Code of Civil Procedure, 1908, which of the following is NOT liable to attachment and sale in execution of a decree?
abooks of account
bthe necessary wearing apparel, cooking vessels and beds of the judgment-debtor and his family
cmoney lying in a bank account in the name of the judgment-debtor
dhouses and other buildings belonging to the judgment-debtor
Answer: B
The proviso to Section 60(1) exempts certain particulars from attachment, including the necessary wearing apparel, cooking vessels, beds and bedding of the judgment-debtor, his wife and children, and such personal ornaments as cannot be parted with under religious usage.
The High Court's power of revision under Section 115 of the Code of Civil Procedure, 1908, is exercisable in respect of a case decided by a subordinate court where such court appears to have:
aexercised a jurisdiction not vested in it by law, or failed to exercise a jurisdiction so vested, or acted illegally or with material irregularity in the exercise of its jurisdiction
brefused to admit a document in evidence
cpassed a decree which is against the weight of evidence
ddecided a question of fact erroneously on the merits
Answer: A
Section 115 confines revisional jurisdiction to jurisdictional errors: where the subordinate court has exercised a jurisdiction not vested in it, failed to exercise one vested in it, or acted illegally or with material irregularity in exercise of its jurisdiction.
Statement 'A' - A person aggrieved by a decree from which an appeal is allowed but from which no appeal has been preferred may apply for a review of judgment under Section 114 read with Order XLVII of the Code of Civil Procedure, 1908. Statement 'B' - An application for review can be entertained on the ground of discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the applicant's knowledge or could not be produced at the time the decree was passed.
aOnly Statement 'A' is correct
bOnly Statement 'B' is correct
cBoth Statements 'A' and 'B' are incorrect
dBoth Statements 'A' and 'B' are correct
Answer: D
Section 114 read with Order XLVII Rule 1 permits review by an aggrieved person, including where an appeal is allowed but none has been preferred, on grounds such as discovery of new and important evidence not within knowledge despite due diligence, mistake or error apparent on the face of the record, or any other sufficient reason.
Under Section 9(1) of the Probation of Offenders Act, 1958, on a report that the offender has failed to observe the conditions of his bond, the court which passed the order under Section 4 may:
arefer the matter to the High Court for orders
bissue a warrant for his arrest or, if it thinks fit, issue a summons to him and his sureties
cdirectly forfeit the bond without notice
donly issue a summons to the offender
Answer: B
Section 9(1) empowers the court to 'issue a warrant for his arrest or may, if it thinks fit, issue a summons to him and his sureties' requiring attendance.
Section 12 of the Probation of Offenders Act, 1958 provides that a person found guilty and dealt with under Section 3 or Section 4 shall not suffer disqualification, if any, attaching to a conviction. The proviso to Section 12 makes this protection inapplicable to a person who, after his release under Section 4, is:
atransferred to another district
bagain granted probation
csubsequently sentenced for the original offence
dconvicted of any unrelated offence
Answer: C
The proviso to Section 12 states that nothing in the section applies to a person who, after his release under Section 4, 'is subsequently sentenced for the original offence'.
An appeal from an order of a Sub-Registrar refusing to register a document on a ground OTHER than denial of execution lies, under Section 72 of the Registration Act, 1908, to the Registrar within:
aninety days from the date of the order
bfifteen days from the date of the order
csixty days from the date of the order
dthirty days from the date of the order
Answer: D
Section 72(1) provides that, except where refusal is on the ground of denial of execution, an appeal lies to the Registrar if presented within thirty days from the date of the Sub-Registrar's order of refusal.
Where a Sub-Registrar refuses to register a document on the ground that a person by whom it purports to be executed denies its execution, the remedy of a person claiming under the document under Section 73 of the Registration Act, 1908 is to:
aapply for review before the same Sub-Registrar
bapply to the Registrar within thirty days of the order of refusal to establish his right to have the document registered
cfile a regular civil suit directly without approaching the Registrar
dappeal to the District Judge within sixty days
Answer: B
Section 73(1) provides that where refusal is on the ground of denial of execution, the claimant may, within thirty days of the order of refusal, apply to the Registrar to establish his right to registration; an appeal under Section 72 is barred in such a case.
Under Section 9 of the Arbitration and Conciliation Act, 1996, where the Court passes an order of interim measure of protection before the commencement of arbitral proceedings, the arbitral proceedings shall be commenced within:
athirty days from the date of such order
bone hundred eighty days from the date of such order
csixty days from the date of such order
dninety days from the date of such order or such further time as the Court may determine
Answer: D
Section 9(2), inserted by the 2015 Amendment, requires that arbitral proceedings commence within ninety days from the date of an interim order made before commencement, or within such further time as the Court may determine.
Once the arbitral tribunal has been constituted, the Court, under the proviso to Section 9(3) of the Arbitration and Conciliation Act, 1996, shall not entertain an application for interim measures unless it finds that:
acircumstances exist which may not render the remedy under Section 17 efficacious
bthe seat of arbitration is within its territorial jurisdiction
cthe opposite party has consented in writing
dthe application is supported by an affidavit of the claimant
Answer: A
The proviso to Section 9(3) bars the Court from entertaining a Section 9 application after the tribunal is constituted, unless it finds that circumstances exist which may not render the remedy under Section 17 (interim measures by the tribunal) efficacious.
In which judgment did the Supreme Court (20 March 2018) introduce safeguards such as the requirement of preliminary enquiry before FIR and prior approval before arrest in cases under the SC/ST Act, a view subsequently nullified by Parliament through Section 18A?
aState of Karnataka v. Appa Balu Ingale
bDr. Subhash Kashinath Mahajan v. State of Maharashtra
cPrithvi Raj Chauhan v. Union of India
dVidyadharan v. State of Kerala
Answer: B
Dr. Subhash Kashinath Mahajan v. State of Maharashtra (2018) laid down those safeguards; Parliament responded by inserting Section 18A in the 2018 Amendment Act to negate them.
The constitutional validity of Section 18A of the SC/ST (Prevention of Atrocities) Act, 1989, introduced by the 2018 Amendment, was upheld by the Supreme Court in:
aState of M.P. v. Ram Krishna Balothia
bLalita Kumari v. State of U.P.
cPrithvi Raj Chauhan v. Union of India
dDr. Subhash Kashinath Mahajan v. State of Maharashtra
Answer: C
In Prithvi Raj Chauhan v. Union of India (2020) 4 SCC 727, the Supreme Court upheld the constitutional validity of the 2018 amendment and Section 18A.
Under Section 21(1) of the POCSO Act, 2012, a person (other than a child) who fails to report the commission of an offence under Section 19(1) is punishable with imprisonment which may extend to:
aThree years and fine
bOne year and fine
cSix months, or with fine, or with both
dTwo years, or with fine
Answer: C
Section 21(1) prescribes imprisonment up to six months, or fine, or both, for failure to report; for a person in charge of a company or institution failing in respect of a subordinate, Section 21(2) prescribes up to one year and fine.
Under Section 24(1) of the POCSO Act, 2012, the statement of a child victim shall be recorded by a police officer:
aAt the police station in uniform
bAt the office of the Child Welfare Committee in the presence of the accused
cOnly before a Judicial Magistrate
dAt the residence of the child or a place of the child's choice, and as far as practicable by an officer not below the rank of a sub-inspector, not in uniform
Answer: D
Section 24 requires the child's statement to be recorded at the residence of the child or a place of the child's choice, and as far as practicable by an officer not below the rank of sub-inspector and not in uniform, ensuring the accused does not come into contact with the child.
Under Section 5 of the Rajasthan Rent Control Act, 2001, rent payable by a tenant for a month is, in the absence of a contract to the contrary, required to be paid or remitted by:
athe seventh day of the following month
bthe fifteenth day of the following month
cthe last day of the following month
dthe last day of that month
Answer: B
Section 5 provides that rent for a month is payable by the fifteenth day of the month next following, unless otherwise agreed between the parties.
Which of the following is NOT a ground for eviction of a tenant available to a landlord under the Rajasthan Rent Control Act, 2001?
aThe landlord wishes to sell the premises at a higher market price
bThe premises are required reasonably and bona fide by the landlord for his own occupation
cThe tenant has been in default of rent for four months
dThe tenant has sub-let the whole or part of the premises without the landlord's consent
Answer: A
Section 9 enumerates grounds such as default in rent, unauthorised sub-letting and bona fide personal requirement; a mere desire of the landlord to sell the premises is not a statutory ground of eviction.
Q99Other Special/Local Acts (Electricity Act, Motor Vehicles Act)
After the Motor Vehicles (Amendment) Act, 2019 inserted sub-section (3) in Section 166, an application for compensation shall not be entertained unless it is made within:
aThere is no limitation period
bOne year of the occurrence of the accident
cSix months of the occurrence of the accident
dThree months of the occurrence of the accident
Answer: C
Section 166(3), inserted by the Motor Vehicles (Amendment) Act, 2019 (in force from 1 April 2022), bars entertaining a claim application unless made within six months of the occurrence of the accident.
Q100Other Special/Local Acts (Electricity Act, Motor Vehicles Act)
The 'no fault liability' for death or permanent disablement arising out of the use of a motor vehicle is provided under which section of the Motor Vehicles Act, 1988?
aSection 166
bSection 173
cSection 147
dSection 140
Answer: D
Section 140 of the Motor Vehicles Act, 1988 provides for liability to pay compensation on the principle of no fault, fixing Rs. 50,000 for death and Rs. 25,000 for permanent disablement.
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