Rajasthan Judiciary Mock Test 10 — Questions & Solutions
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Under Section 10 of the Arbitration and Conciliation Act, 1996, the parties are free to determine the number of arbitrators, provided that:
asuch number shall not be less than three
bsuch number shall always be a sole arbitrator
csuch number shall not exceed five
dsuch number shall not be an even number
Answer: D
Section 10(1) permits the parties to fix the number of arbitrators but expressly provides that such number shall not be an even number; failing such determination, the tribunal shall consist of a sole arbitrator under Section 10(2).
Under Section 29A of the Arbitration and Conciliation Act, 1996, the arbitral award in matters other than international commercial arbitration shall be made within a period of:
asix months from the date of the arbitration agreement
btwelve months from the date the tribunal enters upon reference
ceighteen months from the date of appointment of the arbitrator
dtwelve months from the date of completion of pleadings under Section 23(4)
Answer: D
As amended in 2019, Section 29A(1) requires the award in domestic arbitration to be made within twelve months from the date of completion of pleadings under sub-section (4) of Section 23.
Under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the provision that bars the grant of anticipatory bail under Section 438 of the Code of Criminal Procedure to a person accused of an offence under the Act is contained in:
aSection 19
bSection 20
cSection 18
dSection 14
Answer: C
Section 18 expressly provides that Section 438 CrPC (anticipatory bail) shall not apply to any case involving the arrest of a person on an accusation of having committed an offence under the Act.
Section 18A, inserted into the SC/ST (Prevention of Atrocities) Act, 1989 by the Amendment Act of 2018, principally provides that:
aNo preliminary enquiry is required for registration of an FIR and the investigating officer needs no approval for arrest
bA preliminary enquiry is mandatory before registration of an FIR and prior approval is required for arrest
cCompensation to the victim must be paid within seven days of the FIR
dThe Special Court must dispose of every appeal within three months
Answer: A
Section 18A(1) provides that a preliminary enquiry shall not be required for registration of an FIR and that the investigating officer shall not require approval for arrest; Section 18A(2) reaffirms that Section 438 CrPC shall not apply.
Whoever commits penetrative sexual assault, as defined under Section 3 of the POCSO Act, 2012, is punishable under Section 4 (after the 2019 Amendment) with imprisonment for a term not less than:
aFive years
bTen years
cThree years
dSeven years
Answer: B
After the POCSO (Amendment) Act, 2019, Section 4 provides a minimum of ten years (extendable to life) for penetrative sexual assault, raised from the earlier seven-year minimum.
Under the Rajasthan Rent Control Act, 2001, an eviction petition filed before the Rent Tribunal is required to be disposed of within which period from the date of service of notice on the tenant?
aNinety days
bTwo hundred and forty days
cThree hundred and sixty-five days
dOne hundred and eighty days
Answer: B
Section 15 of the Act mandates that the petition for eviction be disposed of within two hundred and forty days from the date of service of notice on the tenant, in line with the Act's object of speedy adjudication.
Under the Rajasthan Rent Control Act, 2001, the Rent Tribunal shall not pass an order for eviction of a tenant on the ground of non-payment of rent unless the tenant has neither paid nor tendered the rent due for a continuous period of at least:
asix months
bfour months
cthree months
dtwo months
Answer: B
Under Section 9, the ground of default in payment of rent is attracted where the tenant has neither paid nor tendered the amount of rent due for a period of four months.
Q9Other Special/Local Acts (Electricity Act, Motor Vehicles Act)
Under the Electricity Act, 2003, the offence of 'theft of electricity' is dealt with under:
aSection 138
bSection 135
cSection 126
dSection 140
Answer: B
Section 135 of the Electricity Act, 2003 specifically deals with theft of electricity, which requires a dishonest abstraction or use of electricity; Section 126 concerns assessment for mere unauthorised use.
Q10Other Special/Local Acts (Electricity Act, Motor Vehicles Act)
On detecting unauthorised use of electricity under Section 126 of the Electricity Act, 2003, the assessing officer shall provisionally assess the charges at a rate equal to:
aThrice the tariff applicable
bTwice the tariff applicable
cOne and a half times the tariff applicable
dThe normal tariff applicable
Answer: B
Under Section 126(6) of the Electricity Act, 2003, the assessment for unauthorised use of electricity is made at a rate equal to twice the tariff applicable for the relevant category of service.
Under the Negotiable Instruments Act, 1881, an instrument which directs a specified banker to pay a certain sum of money only on demand, and which includes the electronic image of a truncated cheque, is:
aA promissory note under Section 4
bA hundi
cA cheque under Section 6
dA bill of exchange under Section 5
Answer: C
Section 6 defines a 'cheque' as a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand, and it expressly includes the electronic image of a truncated cheque and a cheque in the electronic form.
For the offence under Section 138 of the Negotiable Instruments Act, 1881 to be made out, the cheque must be presented to the bank within:
aSix months from the date on which it is drawn, or within its period of validity, whichever is earlier
bOne year from the date on which it is drawn
cOne month from the date on which it is drawn
dThree months from the date on which it is drawn, or within its period of validity, whichever is earlier
Answer: D
Proviso (a) to Section 138 requires presentation within the period of its validity; pursuant to the RBI notification of November 2011, the validity of a cheque is three months from the date it bears, so presentation must be within that three-month period (or validity, whichever is earlier).
Under the Information Technology Act, 2000, the offence of 'cyber terrorism' and its punishment of imprisonment which may extend to imprisonment for life is contained in:
aSection 66F
bSection 67B
cSection 66E
dSection 70
Answer: A
Section 66F, inserted by the 2008 Amendment, defines cyber terrorism and prescribes punishment which may extend to imprisonment for life. It is the only IT Act offence carrying a life term.
Whoever knowingly or intentionally conceals, destroys or alters any computer source code required to be kept or maintained by law is punishable under Section 65 of the Information Technology Act, 2000 with imprisonment which may extend to:
aFive years, or fine which may extend to five lakh rupees, or both
bSeven years and fine
cTwo years, or fine which may extend to one lakh rupees, or both
dThree years, or fine which may extend to two lakh rupees, or both
Answer: D
Section 65 punishes tampering with computer source documents with imprisonment up to three years, or fine up to two lakh rupees, or both.
Under Article 61 of the Constitution of India, a resolution to prefer a charge for the impeachment of the President must be passed by:
aa majority of not less than two-thirds of the members present and voting only
ba simple majority of the members present and voting in the House in which it is moved
ca majority of the total membership of the House
da majority of not less than two-thirds of the total membership of the House in which it has been moved
Answer: D
Article 61(3) requires that an impeachment resolution be passed by a majority of not less than two-thirds of the total membership of the House in which it originates, after the initiating notice signed by at least one-fourth of the members.
In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court declared which paragraph of the Tenth Schedule unconstitutional for want of ratification under the proviso to Article 368(2)?
aParagraph 8
bParagraph 6
cParagraph 2
dParagraph 7
Answer: D
The Court upheld the Tenth Schedule but struck down Paragraph 7 (which barred the jurisdiction of courts) as it required ratification by the States under the proviso to Article 368(2) and had not been so ratified.
Under the Narcotic Drugs and Psychotropic Substances Act, 1985, the expression 'commercial quantity', in relation to narcotic drugs and psychotropic substances, means:
aAny quantity greater than the quantity prescribed in the Schedule to the Act itself
bAny quantity greater than one kilogram of the drug concerned
cAny quantity greater than the quantity specified by the Central Government by notification in the Official Gazette
dAny quantity fixed by the State Government for the area concerned
Answer: C
Section 2(viia) defines 'commercial quantity' as any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette; it is not fixed in the bare Act or by the State Government.
An empowered officer, having reason to believe that a search warrant cannot be obtained without affording the offender an opportunity to conceal evidence, conducts a search of a building between sunset and sunrise. Under Section 42 of the NDPS Act, 1985, he is required to:
aRecord the grounds of his belief before conducting such search
bPostpone the search until after sunrise in every case
cConduct the search only in the presence of a Gazetted Officer
dObtain prior written sanction of the Magistrate before entry
Answer: A
The proviso to Section 42(1) permits search between sunset and sunrise without warrant or authorisation only where the officer records the grounds of his belief that delay would afford an opportunity for concealment or escape.
Under Section 3 of the Limitation Act, 1963, a suit instituted after the prescribed period of limitation:
aShall be dismissed although limitation has not been set up as a defence.
bShall be dismissed only if limitation is set up as a defence by the defendant.
cShall be returned to the plaintiff for presentation before the proper court.
dMay be entertained if the court records reasons in writing.
Answer: A
Section 3 makes the bar of limitation mandatory: every suit, appeal or application made after the prescribed period shall be dismissed even though limitation has not been set up as a defence.
The power of a court to admit an appeal or application after the prescribed period on being satisfied of 'sufficient cause' is contained in:
aSection 4 of the Limitation Act, 1963.
bSection 14 of the Limitation Act, 1963.
cSection 3 of the Limitation Act, 1963.
dSection 5 of the Limitation Act, 1963.
Answer: D
Section 5 permits condonation of delay in appeals and applications (other than those under Order XXI CPC) where sufficient cause for the delay is shown; it does not apply to suits.
Under Section 6(a) of the Transfer of Property Act, 1882, the chance of an heir-apparent succeeding to an estate (spes successionis):
aMay be transferred for consideration but not by way of gift
bCannot be transferred
cMay be transferred only with the consent of the present owner of the estate
dMay be transferred if the transfer is by a registered instrument
Answer: B
Section 6(a) expressly declares that the mere chance of an heir-apparent succeeding to an estate, or any other mere possibility of a like nature, cannot be transferred. Such an expectancy is not property capable of transfer.
A, falsely representing that he is authorised to transfer certain immovable property, sells it for consideration to B. A in fact has no title at the time. Later A himself acquires good title to that very property. Under Section 43 of the Transfer of Property Act, 1882:
aB may, at his option, compel the transfer to operate on the interest A subsequently acquired
bSection 43 has no application because A acted fraudulently
cThe earlier transfer is void and B can claim only damages from A
dThe subsequently acquired interest vests automatically in B without his option
Answer: A
Section 43 embodies the doctrine of feeding the grant by estoppel: where a person fraudulently or erroneously professes to transfer property for consideration and later acquires an interest in it, the transferee may, at his option, have the transfer operate on that interest.
Under the General Rules (Criminal), 1980 of the Rajasthan High Court, when a Court of Session passes a sentence of death, it shall commit the prisoner by warrant to jail and submit its proceedings to the High Court at the latest on which day after the sentence has been pronounced?
aOn the second day
bOn the seventh day
cOn the third day
dOn the fourth day
Answer: D
Rule 102 of the General Rules (Criminal), 1980 requires the Sessions Court to commit the condemned prisoner by warrant and submit its proceedings to the High Court (for confirmation under the Code) at the latest on the fourth day after the death sentence is pronounced.
Where a Court of Session sentences a woman to death, the General Rules (Criminal), 1980 require the Court, before submitting its proceedings, to ascertain and report to the High Court whether she is:
aa first offender
bthe sole bread-winner of her family
cbelow twenty-one years of age
dpregnant
Answer: D
Rule 104 of the General Rules (Criminal), 1980 directs the Court to enquire whether a female prisoner sentenced to death is pregnant, and if it appears likely, to have her medically examined and report the finding to the High Court.
Under the Sale of Goods Act, 1930, where under a contract of sale the property in the goods is transferred from the seller to the buyer at the time of contract, the contract is called:
aAn agreement to sell
bA hire-purchase agreement
cA sale
dA bailment
Answer: C
Section 4(3) provides that where the property in the goods is transferred from the seller to the buyer, the contract is a 'sale'; where transfer is to take place at a future time or subject to a condition, it is an 'agreement to sell'.
Under Section 11 of the Indian Contract Act, 1872, an agreement entered into by a minor is:
avoid ab initio
bvoidable at the option of the minor
cvalid if ratified by the minor on attaining majority
denforceable against the minor to the extent of necessaries supplied
Answer: A
Section 11 requires a party to be of the age of majority. In Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council held a minor's agreement is void ab initio, not merely voidable, and cannot be ratified.
Under Section 2(a) of the Protection of Women from Domestic Violence Act, 2005, an 'aggrieved person' is:
aOnly a legally wedded wife residing in the matrimonial home
bAny woman or man subjected to cruelty by a spouse
cAny woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence
dAny female child below eighteen years of age living in a shared household
Answer: C
Section 2(a) defines 'aggrieved person' as any woman who is, or has been, in a domestic relationship with the respondent and alleges domestic violence. The definition is confined to a woman and is not restricted to a legally wedded wife.
Under the Dissolution of Muslim Marriages Act, 1939, a Muslim wife is entitled to a decree dissolving her marriage on the ground that the whereabouts of her husband have not been known for a period of:
aThree years
bSeven years
cFour years
dTwo years
Answer: C
Section 2(i) of the Dissolution of Muslim Marriages Act, 1939 entitles the wife to a decree where the whereabouts of the husband have not been known for a period of four years. (Failure to maintain is 2 years; imprisonment is 7 years.)
Under Section 4 of the Indian Easements Act, 1882, the land for the beneficial enjoyment of which the right exists, and the land on which the corresponding liability is imposed, are respectively termed:
aDominant heritage and servient heritage
bApparent heritage and continuous heritage
cServient heritage and dominant heritage
dQuasi-dominant tenement and quasi-servient tenement
Answer: A
Section 4 defines the land for whose beneficial enjoyment the right exists as the 'dominant heritage' and the land on which the liability is imposed as the 'servient heritage'.
Under Section 6 of the Specific Relief Act, 1963, a suit by a person dispossessed of immovable property without his consent and otherwise than in due course of law must be brought within:
aSix months from the date of dispossession
bOne year from the date of dispossession
cTwelve years from the date of dispossession
dThree years from the date of dispossession
Answer: A
Section 6(2) bars any such suit brought after the expiry of six months from the date of dispossession, or against the Government.
Under the Indian Partnership Act, 1932, the relation of partnership arises:
aFrom operation of law alone
bFrom status
cFrom status as well as contract
dFrom contract and not from status
Answer: D
Section 5 expressly declares that the relation of partnership arises from contract and not from status; members of a Hindu undivided family carrying on a family business as such are not partners.
The Legal Services Authorities Act, 1987 was enacted to give effect to which Directive Principle of State Policy contained in the Constitution of India:
aArticle 38
bArticle 39A
cArticle 43A
dArticle 41
Answer: B
The Act gives effect to Article 39A of the Constitution, which directs the State to secure equal justice and free legal aid so that justice is not denied to any citizen by reason of economic or other disabilities.
Under Section 3 of the Rajasthan Land Revenue Act, 1956, 'Nazul Land' means:
aAbadi land within the limits of a municipality, panchayat circle or a village, town or city, vesting in the State Government
bForest land notified as a reserved forest by the State Government
cCulturable waste land assessed to land revenue but not yet allotted
dPasturage land reserved for the grazing of cattle of the village community
Answer: A
Clause (ib) of Section 3 defines 'Nazul Land' as abadi land within the limits of a municipality or a panchayat circle or a village, town or city, vesting in the State Government.
Under Section 6 of the Rajasthan Court Fees and Suits Valuation Act, 1961, which is titled 'Multifarious suits', where a suit embraces two or more distinct and different reliefs founded on different causes of action, the court fee chargeable is computed on:
aThe relief carrying the highest value alone
bThe aggregate value of all the reliefs claimed
cAn average of the values of all the reliefs
dThe relief carrying the lowest value alone
Answer: B
Section 6 (Multifarious suits) provides that where a suit embraces two or more distinct and different reliefs, the fee is chargeable on the aggregate value of the reliefs. A separate fee is not avoided merely by joining the reliefs in one plaint.
The maxim 'Qui facit per alium facit per se' is best regarded as the foundation of which branch of law:
aThe law of specific performance
bThe law of limitation
cThe law of agency and the doctrine of vicarious liability
dThe law of negotiable instruments
Answer: C
The maxim means 'he who acts through another does the act himself', and is the basis of the law of agency and of a master's vicarious liability for the acts of his servant.
Choose the alternative that correctly expresses the 'Past Perfect Continuous' tense:
aThe lawyers were arguing the case for hours.
bThe lawyers have argued the case for three hours.
cThe lawyers had been arguing the case for three hours before the judge intervened.
dThe lawyers had argued the case for three hours.
Answer: C
The Past Perfect Continuous tense uses 'had been' + present participle (-ing) to show an action that continued up to a point in the past; only option (b) follows this structure.
Q37English Language
Supply the correct past form of the verb: 'The witness ______ the document to the magistrate before leaving the court.'
ahad hand
bhanded
chandled
dhands
Answer: B
The simple past of 'hand' (to give/pass) is 'handed'; 'handled' is a different verb meaning to manage or touch, which does not fit the context of passing a document.
Q38English Language
Fill in the blank with the correct article: '______ honest officer never accepts a bribe.'
aAn
bA
cNo article
dThe
Answer: A
The word 'honest' begins with a silent 'h' and a vowel sound, so the article 'an' is used before it.
Q39English Language
Fill in the blank with the correct determiner: 'There is ______ evidence on record to convict the accused.'
alittle
ba number of
cmany
dfew
Answer: A
'Evidence' is an uncountable noun, so the quantifier 'little' (meaning hardly any) is appropriate; 'many', 'few' and 'a number of' are used only with countable nouns.
Q40English Language
Choose the correct passive voice of the sentence: 'The court will deliver the judgment tomorrow.'
aThe judgment is being delivered tomorrow by the court.
bThe judgment will be delivered by the court tomorrow.
cThe judgment will deliver tomorrow by the court.
dThe judgment would be delivered by the court tomorrow.
Answer: B
In the future simple passive, 'will + verb' becomes 'will be + past participle'; thus 'will deliver' becomes 'will be delivered'.
Q41English Language
The idiom 'to throw in the towel' means:
ato begin a new task
bto challenge an opponent
cto clean up a mess
dto admit defeat and give up
Answer: D
'To throw in the towel' is an idiom borrowed from boxing meaning to surrender or admit defeat.
Q42English Language
The phrasal verb 'call off' in the sentence 'The hearing was called off' means:
acancelled
bsummoned
cshouted out
dpostponed indefinitely
Answer: A
'Call off' means to cancel something that was planned, such as a meeting or hearing.
Q43English Language
Complete the sentence with the correct subordinating conjunction: 'He could not file the appeal ______ he had lost the original decree.'
aunless
bwhereas
calthough
dbecause
Answer: D
'Because' introduces a reason, which is required here to explain why the appeal could not be filed.
Q44English Language
Choose the correct indirect speech: She said, 'I am revising my notes now.'
aShe said that she is revising her notes now.
bShe said that she was revising her notes then.
cShe told that she had been revising her notes.
dShe said that I was revising my notes then.
Answer: B
In indirect speech the present continuous changes to past continuous and 'now' changes to 'then', while the pronoun 'I' changes to 'she'.
Q45English Language
Identify the sentence in which the modal 'should' expresses advice:
aShould he call, please inform me.
bYou should reach the examination centre on time.
cI should think she is right.
dWe should overcome the difficulties someday.
Answer: B
In option (a), 'should' is used to give advice or recommendation; the other options use 'should' for condition, opinion and probability respectively.
Q46English Language
Pick the correct synonym for the word 'lucid':
aobscure
bclear
clengthy
ddoubtful
Answer: B
'Lucid' means easily understood or clearly expressed; its closest synonym is 'clear'.
Q47English Language
Choose the word which is opposite in meaning to 'frugal':
aprudent
bthrifty
cextravagant
deconomical
Answer: C
'Frugal' means careful and economical with money; its antonym is 'extravagant', meaning wasteful or lavish in spending.
Q48English Language
Fill in the blank with the correct preposition: 'The petitioner is not entitled ______ any relief.'
aof
bfor
cto
dwith
Answer: C
The adjective 'entitled' is followed by the preposition 'to' when indicating what one has a right to.
Q49English Language
Choose the option that correctly completes the conditional sentence: 'If the accused ______ the truth, he would have been acquitted.'
atold
bhas told
ctells
dhad told
Answer: D
This is a third (unreal past) conditional; the 'if' clause requires the past perfect 'had told' to match 'would have been' in the main clause.
Q50English Language
Choose the option that correctly fills the blank: "Hardly had the judge entered the courtroom ______ the lawyers rose to their feet."
athen
bthat
cwhen
dthan
Answer: C
The correlative construction with the adverb "hardly" is "hardly ... when" (compare "no sooner ... than"); hence "when" is correct.
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
bMay be in an encrypted or other electronic form bearing the image of the seal or a digital signature of the court
cMust be in writing in triplicate only
dCan be served only through a police officer
Answer: B
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
cIn any mode, including electronic mode
dOnly if accompanied by an affidavit of the informant
Answer: C
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-fourth of the maximum period of imprisonment specified for the offence
bOne-third of the maximum period of imprisonment specified for the offence
cOne-half of the maximum period of imprisonment specified for the offence
dThe full maximum period of 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 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
bFifteen days
cThree days
dSeven days
Answer: D
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:
a30 days, extendable once
b180 days, extendable with the permission of the court
c60 days, not extendable
d90 days, extendable with the permission of the court
Answer: D
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
bOnly after preliminary enquiry in every case
cOnly in writing, addressed to the Superintendent of Police
dBy electronic communication, which shall be taken on record on being signed by the informant within three days
Answer: D
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.
cCan be made by any police officer without any prior permission.
dShall not be made without the prior permission of an officer not below the rank of Deputy Superintendent of Police.
Answer: D
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 121 (estoppel)
bSection 123 (estoppel of acceptor of bill of exchange)
cSection 124 (competency to testify)
dSection 122 (estoppel of tenant)
Answer: A
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 39
bSection 45
cSection 51
dSection 58
Answer: A
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 62
cSection 63
dSection 61
Answer: C
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 104
bSection 101
cSection 106
dSection 109
Answer: A
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:
aFive or more persons
bThree or more persons
cSeven or more persons
dFour or more persons
Answer: A
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.
Q69Rajasthan 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:
aFifty rupees or more
bFive hundred rupees or more
cOne thousand rupees or more
dOne hundred rupees or more
Answer: D
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.
Q70Rajasthan 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:
aFifty percent
bSixty percent
cTwenty-five percent
dForty percent
Answer: D
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).
Q71Rajasthan 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.
Q72Rajasthan 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:
aone year as a Magistrate
bseven years' experience
cthree years' experience
dfive years' experience
Answer: C
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 completed the age of fifteen years, unless custom permits otherwise
bHas not completed the age of fifteen years, unless there is a custom permitting persons over fifteen to be adopted
cIs an orphan abandoned by both parents
dIs below the age of eighteen years in every case
Answer: B
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:
aOnly if she has obtained a decree of divorce
bNever, as the right to give in adoption vests solely in the father
cOnly with the consent of the father in every case
dWhere the father is dead, has completely renounced the world, has ceased to be a Hindu, or has been declared of unsound mind
Answer: D
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:
afive thousand rupees
bten thousand rupees
cthree thousand rupees
dtwenty-five thousand rupees
Answer: B
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 being less than one year
bnot less than two years
cnot exceeding one year
dexactly three years
Answer: A
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:
aone year, or with fine, or with both
btwo years, or with fine, or with both
cseven years, or with fine, or with both
dthree years, or with fine, or with both
Answer: B
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:
asix months from the date of its execution
bone year from the date of its execution
cfour months from the date of its execution
dthirty days from the date of its execution
Answer: C
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:
aten times the amount of the proper registration fee
btwice 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: A
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:
asix months
btwelve months
cthree months
dsuch period as the parties may agree without any limit
Answer: A
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
bthree months from the date the tribunal enters upon reference
csix months from the date the tribunal enters upon reference
dtwelve months from the date of completion of pleadings
Answer: C
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:
aDeputy Superintendent of Police
bSuperintendent of Police
cSub-Inspector of Police
dInspector of Police
Answer: A
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
bNot less than six months which may extend to one year
cNot less than three months which may extend to six months
dWhich may extend to three months only
Answer: B
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:
aTwenty years
bFifteen years
cSeven years
dTen years
Answer: A
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:
athree years
btwo years
cfive years
done year
Answer: A
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:
asixty days from the date of the final order
bninety days from the date of the final order
cthirty days from the date of the final order
dfifteen days from the date of the final order
Answer: C
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.
Q94Other 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
bOne-fourth of the assessed amount
cOne-third of the assessed amount
dAn amount equal to half of the assessed amount
Answer: D
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.
Q95Other 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:
aCognizable and non-bailable
bNon-cognizable and non-bailable
cNon-cognizable and bailable
dCognizable and bailable
Answer: A
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 fifteen days
bWithin thirty days
cWithin forty-five days
dWithin sixty days
Answer: B
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 seven days of receipt of the notice
bWithin fifteen days of receipt of the notice
cWithin thirty days of receipt of the notice
dWithin one month of receipt of the notice
Answer: B
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 66D
bSection 66B
cSection 66E
dSection 66C
Answer: D
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
bFive lakh rupees
cOne lakh rupees
dTen lakh rupees
Answer: C
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 two-thirds majority of the total membership of the Assembly
ba simple majority of the members present and voting
ca majority of the total membership of the Assembly and a majority of not less than two-thirds of the members present and voting
da three-fourths majority of the members present and voting
Answer: C
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.
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